[Senate Bill No. 1–Senator Getchell]

Chapter 1–An Act to create a legislative fund.

[Approved January 21, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of sixty thousand dollars ($60,000), which shall constitute the legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly for per diem, mileage, stationery allowances, compensation, and incidental expenses of the respective houses, when properly certified to in accordance with law, and the state treasurer is hereby authorized and required to pay same.

      Sec. 3.  All moneys remaining [in] said fund at the adjournment of the legislature shall revert to the general fund.

      Sec. 4.  This act shall be in effect immediately upon its passage and approval.

Legislative fund

Payment

Reversion

In effect

Repeal re grand juries

In effect

[Assembly Bill No. 6–Mr. Loomis]

Chap. 2–An Act to repeal an act entitled “An act concerning the duties of district judges in the state,” approved February 23, 1901, amended March 6, 1903.

[Approved February 6, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  An act entitled “An act concerning the duties of district judges in the state,” approved February 23, 1901, amended March 6, 1903, being section 8472 N. C. L., is hereby repealed.

      Sec. 2.  This act shall take effect immediately upon its passage and approval.

Repeal re grand juries

In effect

[Assembly Bill No. 7–Mr. Loomis]

Chap. 3–An Act to repeal an act entitled “An act concerning the duties of district judges in this state,” approved February 12, 1879.

[Approved February 6, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  That certain act entitled “An act concerning the duties of district judges in this state,” approved February 12, 1879, being section 8471 N. C. L., is hereby repealed.

      Sec. 2.  This act shall take effect immediately upon its passage and approval.

Preamble

[Senate Bill No. 3–Senator Tallman]

Chap. 4–An Act to authorize the board of county commissioners of the county of Humboldt, State of Nevada, to issue bonds to provide for the construction, equipment, and furnishing of a high school building in the city of Winnemucca, county of Humboldt, State of Nevada, and authorizing the county board of education of said county to construct, equip, and furnish said building, and other matters properly connected therewith.

[Approved February 7, 1941]

      Whereas, At the general election held on the 5th day of November A. D. 1940, there was submitted to the regularly qualified electors of Humboldt County, Nevada, pursuant to the laws of the State of Nevada, the following question:

      “Shall the board of county commissioners of Humboldt County, Nevada, be authorized to issue negotiable coupon bonds in the aggregate principal amount of $170,000 to be designated Humboldt County high school bonds; such bonds to be of the denomination of $1,000 each, to bear date as of January 1, 1941, to bear interest at a rate not to exceed 4% per annum, payable semiannually on January 1 and July 1 of each year, and to mature, $9,000 on the first day of July of the years 1942 to 1959, both inclusive, and $8,000 on the first day of July of the year 1960, for the purpose of the construction and equipping of a new high school building in Winnemucca, Nevada, and to further levy and assess a special tax for the retirement of the above bond principal and interest.” And

      Whereas, As a result of the canvass of the votes at said bond election, the following vote was declared:

      Ballot box A-Nonproperty owners: Yes, 788; no, 247.

      Ballot box B-Property owners: Yes, 466; no, 237.

      Whereas, A question has arisen as to the legality of the notice of said bond election on November 5, 1940; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of Humboldt County, Nevada, is hereby authorized, empowered, and directed to prepare and issue negotiable coupon bonds of said county, such bonds to be issued on or before the first day of July 1941, for an amount not to exceed the sum of $170,000, exclusive of interest, for the purpose of providing funds for the construction, equipping, and furnishing of a new county high school building in the city of Winnemucca, county of Humboldt, State of Nevada.

      Sec. 2.  As soon as possible after the passage and approval of this act, or after this act shall become a law, the county board of education of Humboldt County, Nevada, and the board of county commissioners of Humboldt County, Nevada, shall thereafter with all expedient dispatch proceed to the execution of the purposes of this act.

      Sec. 3.  The board of county commissioners of Humboldt County, Nevada, shall cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, attested by its clerk, sealed with the seal of the county, and countersigned by the county treasurer. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the original or engraved facsimile signature of said chairman, clerk, and treasurer.

Preamble

Humboldt County high school bonds

Maturity

Sale of bonds

Fund created

      Sec. 4.  Said bonds shall each be for the sum of $1,000. They shall be numbered consecutively from one to one hundred seventy, both inclusive, and the interest on the same shall not exceed four percent per annum, payable semiannually on January first and July first of each year; both principal and interest shall be payable in lawful money of the United States of America; both principal and interest shall be payable only at the office of the county treasurer of said Humboldt County. In no case shall any of said bonds run for a longer period than twenty years, and shall mature, $9,000 on the first day of July of the years 1942 to 1959, both inclusive, and $8,000 on the first day of July of the year 1960.

      Sec. 5.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

      Sec. 6.  The board of county commissioners of Humboldt County is hereby authorized to negotiate the sale of said bonds, or such number thereof as the county board of education of said county may deem necessary, by advertising for sealed proposals therefor, and may reject any and all bids, and may readvertise until a satisfactory bid is obtained; provided, that no bonds shall be sold for less than par value.

      Sec. 7.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of Humboldt County, and the said treasurer is hereby required to receive and safely keep the same in a fund to be known as the “New Humboldt County High School Building Fund,” and to pay out said moneys only in the manner now provided by law for the payment of the “County High School Fund,” and for the purpose for which the same were received.

      Sec. 8.  The county board of education of Humboldt County is hereby authorized, empowered, and directed to use said moneys arising from the sale of said bonds, or so much thereof as they may deem necessary for the construction, equipment, and furnishing of a new county high school building in the city of Winnemucca, County of Humboldt, State of Nevada; and any balance remaining in said fund after the completion, equipment, and furnishing of said building shall be turned over and converted into the fund provided by law for running and maintaining said high school in accordance with and pursuant to the provisions of law pertaining to the establishment, maintenance, and management of high schools in the various counties of this state.

      Sec. 9.  Said county board of education shall determine as to the character of said building, the materials to be used therefor, and the plans therefor, and all with due regard both for the present needs and probable future requirements; and when such determination is made, said board shall advertise for bids for the construction of said new county high school building and let the construction thereof by contract to the lowest responsible bidder, said board to have authority to reject any and all bids and to readvertise until a satisfactory bid is obtained.

regard both for the present needs and probable future requirements; and when such determination is made, said board shall advertise for bids for the construction of said new county high school building and let the construction thereof by contract to the lowest responsible bidder, said board to have authority to reject any and all bids and to readvertise until a satisfactory bid is obtained. Upon the completion of said building, said county board of education shall furnish and equip the same. The laws in force governing contracts by boards of county commissioners are hereby made applicable to, and the same shall govern, the action of the county board of education in carrying out the provisions of this act. All demands and bills contracted by said county board of education under the provisions of this law shall be paid in the manner now provided by law for paying claims against the “County High School Fund.”

      Sec. 10.  For the purpose of creating a fund for the payment of the principal and interest of the bonds authorized by this act, the board of county commissioners of Humboldt County, Nevada, is hereby authorized and required to levy and collect annually a special tax on all of the taxable property of Humboldt County, including the net proceeds of mines, in an amount sufficient to pay the interest on said bonds when and as it may become due, and to pay and retire, beginning with bond number one, and consecutively thereafter, nine of said bonds annually, beginning with the first day of July 1942 to 1959, both inclusive, and eight of said bonds on the first day of July 1960, and until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer of said county in a special fund to be known as the “New Humboldt County High School Building Fund.” It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of January 1942, and thereafter on the first day of July and the first day of January of each year, until all of said bonds have been redeemed and retired. Should the holder of said bonds, or any of them, for any cause whatever fail to present said bonds, or any of them, to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease. Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said fund shall be transferred to the fund used for paying the contingent expenses of said county high school.

      Sec. 11.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

Contract let, when

Tax to pay bonds

Redemption

Faith of state pledged

Repeal

In effect

shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 12.  The county treasurer of said Humboldt County shall be liable on his official bond for the safekeeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all of his duties in relation thereto.

      Sec. 13.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue thereof shall have been paid in full, as in this act specified.

      Sec. 14.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed insofar as they conflict with the provisions of this act.

      Sec. 15.  For good cause shown this act shall be in effect immediately upon its passage and approval.

Notice, service by mail

In effect

[Assembly Bill No. 9–Committee on Judiciary]

Chap. 5–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911.

[Approved February 19, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 431 of the above-entitled act, being section 8920 N. C. L., is hereby amended so as to read as follows:

      Section 431.  In case of service by mail, the notice or other paper must be deposited in the post office, addressed to the person on whom it is to be served, at his office or place of residence, and the postage paid. The service is complete at the time of the deposit, but if within a given number of days after such service a right may be exercised, or an act is to be done by the adverse party, the time within which such right may be exercised or act be done, is extended one day for every two hundred fifty miles of distance between the place of deposit and the place of address. Such extension, however, not to exceed twenty days in all.

      Sec. 2.  This act shall take effect immediately upon its passage and approval.

[Assembly Bill No. 18–Mr. Donnelly]

Chap. 6–An Act authorizing and directing the county commissioners of Mineral County of Nevada to transfer certain funds from the district attorney’s investigating fund to the general fund of said county.

[Approved February 19, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Upon the passage and approval of this act, the county commissioners of Mineral County, Nevada, are hereby authorized and directed to transfer from the district attorney’s investigation fund of Mineral County, Nevada, to the general fund of said county, the sum of $1,102.74.

Mineral County fund transfer

[Senate Bill No. 11–Senator Russell]

Chap. 7–An Act authorizing and directing the county treasurer of White Pine County and ex officio treasurer of the city of Ely, Nevada, to transfer certain funds from the sewer bond fund to the general fund of the city of Ely, and other matters relating thereto.

[Approved February 19, 1941]

      Whereas, There is a sum of eight thousand nine hundred forty-six ($8,946) dollars in the sewer bond fund of the city of Ely, Nevada; and

      Whereas, This sum of money was raised by the issue and sale of bonds for the purpose of the extension of a storm sewer according to plans, specifications, and estimate of cost furnished to the city of Ely; and

      Whereas, The extension of such storm sewer required the securing of the necessary right-of-way, which said right-of-way was not included in the estimate of cost furnished to the said city of Ely; and

      Whereas, The amount of money needed to build and construct said storm sewer is far beyond the available funds of the city; and it is therefore impossible for the city of Ely to construct such storm sewer; and

      Whereas, The city of Ely is in need of funds for street improvements; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The county treasurer of White Pine County and ex officio treasurer of the city of Ely, Nevada, is hereby authorized and directed to transfer from the sewer bond fund of the city of Ely all of the funds therein to the general fund of the city of Ely.

Preamble

White Pine County fund transfer

In effect

fund of the city of Ely all of the funds therein to the general fund of the city of Ely.

      Sec. 2.  This act shall become effective from and after its passage and approval.

Preamble

[Senate Bill No. 24–Senator Winters]

Chap. 8–An Act to amend an act entitled “An act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of Congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto,” approved March 15, 1937.

[Approved February 25, 1941]

      Whereas, The official duties and the work imposed by law upon the state controller and the state treasurer of this state have greatly increased during the past few years on account, among other things, of the various state activities relating to the federal social security act and legislation, and the state laws providing for state cooperation under the same, and the number of warrant checks to be drawn and signed by the state controller and state treasurer have also greatly increased to the point where there are now about twenty-four hundred (2,400) such warrant checks to be so drawn and signed each month and sent to the county clerks of the various counties of the state by the state controller, after they have been countersigned by the state treasurer, in time for them to reach each such county clerk in the state not later than the first day of the next month for distribution to those entitled to receive the same, although said warrant checks do not reach the state treasurer until about the 28th day of the month immediately preceding such time of distribution; and there is not sufficient time for said state treasurer to countersign so many of them in his own handwriting, and perform his other official duties, and return them to the state controller in time for him to mail them for such distribution, and it is practically impossible, therefore, for him to do so; now, therefore,

not later than the first day of the next month for distribution to those entitled to receive the same, although said warrant checks do not reach the state treasurer until about the 28th day of the month immediately preceding such time of distribution; and there is not sufficient time for said state treasurer to countersign so many of them in his own handwriting, and perform his other official duties, and return them to the state controller in time for him to mail them for such distribution, and it is practically impossible, therefore, for him to do so; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 18 of the above-entitled act, being chapter 67, 1937 Statutes of Nevada, pages 129-139, both inclusive, is hereby amended to read as follows:

      Section 18.  Payment of Assistance-Federal Audit.  The secretary of the said state board shall furnish to the governor of this state and to the state controller and state treasurer a full, true, and correct list of recipients in each county of this state entitled to such assistance, and of the monthly amount to be paid to each of them from said federal funds, certified to by him as being a full, true, and correct list of such recipients in that county and the amount to which each of them is entitled under this act, which list is subject to revision by said state board and its secretary to make it conform to such changes as may be duly made pursuant to the terms of this act. The state controller of this state shall promptly, upon receiving such certified list, draw his warrant upon said fund payable to each such recipient in the amount to which he or she is entitled, upon and pursuant to such certified list, and said state treasurer shall pay the same. Every such warrant shall be for the total amount of federal, state, and county funds to which each such recipient is entitled under the provisions of this act. Said state controller shall, immediately after such warrants have been so drawn, in the manner provided by law, mail all such warrants for distribution in each county to the county clerk of that county; said county clerk shall, immediately upon receipt thereof, distribute such warrants to each of the recipients in that county entitled thereto or to his duly appointed and qualified guardian, if he has any such guardian, taking proper receipts therefor, or assuring himself by other proper evidence of such delivery. Insofar as that portion of said moneys so deposited to pay on the expenses of the administration of this act and of said social security act, and in the distribution of such old-age assistance is concerned, it shall be disbursed in the same manner as provided for hereinbefore in this section, except that the claims therefor shall be made and filed directly by the claimants entitled thereto and paid directly to them, upon the written approval of such claims by said secretary of said state board, and the audit and allowance thereof as required by the laws of this state; provided, however, that the state controller may, and he hereby is authorized, to use a facsimile of his own handwritten signature, produced through a mechanical device, instead of his handwritten signature, in drawing and issuing his warrants for such old-age assistance payments; and said state treasurer may, and is hereby authorized, to use a facsimile of his handwritten signature, produced through a mechanical device, instead of his handwritten signature, in countersigning such warrants; and provided further, that said mechanical device shall be of such nature that said facsimile signature may be removed from said mechanical device and kept in a separate and secure place; and provided further, that said facsimile signature of said state controller shall be made and used only under his personal direction and supervision in drawing and issuing such warrants, and said facsimile signature of said state treasurer shall be made and used only under his personal direction and supervision in countersigning said warrants; and provided further, that all of said mechanical devices shall, at all times, be kept in a vault, securely locked, when not so in use, to the end that any misuse, fraudulent use, or other improper use thereof shall be prevented.

Preamble

Old-age assistance

Facsimile signature by state officers

claims therefor shall be made and filed directly by the claimants entitled thereto and paid directly to them, upon the written approval of such claims by said secretary of said state board, and the audit and allowance thereof as required by the laws of this state; provided, however, that the state controller may, and he hereby is authorized, to use a facsimile of his own handwritten signature, produced through a mechanical device, instead of his handwritten signature, in drawing and issuing his warrants for such old-age assistance payments; and said state treasurer may, and is hereby authorized, to use a facsimile of his handwritten signature, produced through a mechanical device, instead of his handwritten signature, in countersigning such warrants; and provided further, that said mechanical device shall be of such nature that said facsimile signature may be removed from said mechanical device and kept in a separate and secure place; and provided further, that said facsimile signature of said state controller shall be made and used only under his personal direction and supervision in drawing and issuing such warrants, and said facsimile signature of said state treasurer shall be made and used only under his personal direction and supervision in countersigning said warrants; and provided further, that all of said mechanical devices shall, at all times, be kept in a vault, securely locked, when not so in use, to the end that any misuse, fraudulent use, or other improper use thereof shall be prevented.

      All officers mentioned hereinbefore in this section and concerned with the handling of such federal funds are hereby fully authorized to do and perform all acts and things necessary to accomplish the purposes of this section.

      The books, records, and accounts of said state controller and state treasurer relating to said old-age assistance fund in said state treasury shall be open to inspection and subject to audit by the United States government or said auditor of public accounts of the United States, or any other duly authorized auditor, accountant, or agent of either thereof.

[Assembly Bill No. 131–Churchill County Delegation]

Chap. 9–An Act to amend an act entitled “An act to amend an act entitled ‘An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase and disposition of wild animals, wild birds and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming, and game fishing; authorizing the establishment, control, and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the closing, opening, and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds, and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof, and repealing certain acts and parts of acts in conflict therewith,’ approved March 29, 1929, as amended,” approved February 24, 1933, as amended by chapter 136, Statutes of Nevada 1939.

[Approved February 27, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 29 of the above-entitled act, being 3063 N. C. L. 1929, as amended by chapter 136 Statutes of Nevada 1939, is hereby amended to read as follows:

      Section 29.  It shall be unlawful for any person to fish in or from the waters of Pyramid lake and Washoe lake, district No. 1, and Lahontan dam in districts Nos. 2 and 11, and Walker lake in district 12 between the dates of the first day of October of each year and the first day of March of the following year; and it shall be unlawful for any person to fish in or from the waters of Topaz lake, district No. 10, between the dates of the first day of October of each year and the first day of May of the following year; provided, that if delivered by private conveyance, Indian wards of the United States who are residents of this state shall, under regulations prescribed by the state fish and game commissioners have the privilege of selling, direct to consumers, fish they may legally take from the waters of Walker lake between April 30 and December 15, both dates included, and any Indian over sixteen years of age may be allowed to have twenty-five pounds or twenty-five fish in the same manner and for the same purpose as provided in section 31 of this act.

Fishing in certain lakes

Closed season

Privileges to Indians

Repeal

In effect

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall become effective from and after its passage and approval.

Petitions to change name

In effect

[Assembly Bill No. 10–Committee on Judiciary]

Chap. 10–An Act to amend an act entitled “An act in relation to the changing of the names of individuals,” approved February 10, 1869.

[Approved February 28, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 2 of the above-entitled act, being section 9458 N. C. L., is hereby amended to read as follows:

      Section 2.  Upon the filing of said petition the applicant shall make out and procure, to be published in some newspaper of general circulation in the county once a week for five successive weeks, a notice, stating the fact of the filing of the petition, its object, his or her present name, and the name which he or she desires to bear in the future.

      Sec. 2.  This act shall take effect immediately upon its passage and approval.

Chiropody license limited

[Assembly Bill No. 39–Committee on Judiciary]

Chap. 11–An Act to amend an act entitled “An act to regulate the practice of chiropody, and provide for the requirements for a certificate to practice same,” approved March 14, 1917.

[Approved February 28, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled act, being section 1070 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  All persons holding a license to practice chiropody (sometimes called podiatry) shall be entitled to practice chiropody in all its branches pertaining to foot ailments, as taught and practiced in the schools and colleges of chiropody conferring the degree of doctor or surgeon chiropodist, or doctor of surgical chiropody, exclusive, however, of the use of anesthetics other than local or the treatment of fractures or malignant tumors or conditions associated with or materially affecting the circulation of the extremities unless these treatments are done after consultation with and under the supervision of a regular licensed doctor of medicine and surgery.

the supervision of a regular licensed doctor of medicine and surgery. This will also be understood to exclude any operation involving the bones, joints, or tendons with the exception of procedures to correct simple congenital and acquired hammer toe, or removal of simple exostoses underlying corns or callouses.

      Sec. 2.  All acts and parts of acts insofar as they are in conflict with provisions of this act are hereby repealed.

      Sec. 3.  This act shall become effective immediately upon its passage and approval.

Repeal

In effect

[Assembly Bill No. 53–Washoe County Delegation]

Chap. 12–An Act to amend an act entitled “An act to incorporate the town of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto,” approved March 15, 1905, as amended.

[Approved February 28, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 9 of the above-entitled act is hereby amended to read as follows:

      Section 9.  The mayor shall receive such salary as the council shall, from time to time, prescribe by ordinance, not exceeding the sum of six hundred dollars ($600) per annum, payable monthly.

      Sec. 2.  Section 13 of the above-entitled act is hereby amended to read as follows:

      Section 13.  A majority of all members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and with the approval of the mayor, compel the attendance of the absent members. They may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings, and upon the call of any one member, or the mayor, must cause the yeas and nays to be taken and entered upon its journal upon any question before it. Its deliberations, sessions, and all proceedings must be public. The councilmen shall receive such salary as may be prescribed from time to time by ordinance, not exceeding the sum of three hundred ($300) per annum for each councilman, payable monthly.

      Sec. 3.  All acts or parts of acts, whether general, special, or local, inconsistent with the provisions of this act are hereby repealed.

Charter of Sparks

Salary of mayor

Salary of council

Repeal

Public hospitals

Bond election when may be omitted

Repeal

In effect

[Senate Bill No. 26–Senator Heidtman]

Chap. 13–An Act to amend an act entitled “An act to enable counties to establish and maintain public hospitals, levy a tax and issue bonds therefor, elect hospital trustees, maintain a training school for nurses, and provide suitable means for the care of such hospitals and of disabled persons, and repealing a certain act,” approved March 27, 1929, as amended by chapter 143 Statutes of Nevada 1931, page 231, and as amended by chapter 105 Statutes of Nevada 1937, page 194.

[Approved February 28, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 16 of the above-entitled act, being section 2240 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 16.  In all counties where existing hospitals are taken over by a board of trustees, as provided by this act, additional necessary buildings and sites may be acquired only by holding an election and voting a bond issue according to the terms of section 1 and section 2 of this act, the same as if no hospital now existed; provided, in counties having a population of 25,000 persons or more, in cases where buildings or parts thereof have been constructed, but remain unfinished and unequipped, the board of hospital trustees may complete said building or buildings or part or parts thereof and furnish and equip the same from their current receipts, without said bond issue.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

[Senate Bill No. 7–Senator Heidtman]

Chap. 14–An Act to amend section 2 of an act entitled “An act providing for the supervision, management, government, control and maintenance of county hospitals, county isolation hospitals, county homes for the indigent sick, county workhouses for indigents, and county poor farms in each county where a tax has been or is hereafter authorized by the voters to establish and maintain a public hospital” approved March 11, 1931, as amended.

[Approved February 28, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 2 of the above-entitled act, being section 2243.01 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  The county commissioners may, upon the request of the said board of trustees, annually levy such tax or taxes, in addition to the tax for the county public hospital, as the board of county commissioners may deem necessary for the maintenance and operation of the institution or institutions named in section 1; provided, that in any county in which there were cast for representative in Congress, at the last preceding election, more than 12,000 votes, said additional tax levy shall not exceed one and one-half (1 1/2) mill on the dollar for the year 1941, and shall not exceed one (1) mill on the dollar for any year thereafter.

      Sec. 2.  This act shall take effect and be in force from and after its passage and approval.

Public hospitals

Limit on tax levy

In effect

[Senate Bill No. 6–Senator Russell]

Chap. 15–An Act to amend an act entitled “An act supplemental to an act entitled ‘An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the State of Nevada, providing penalties for the violation hereof, and to repeal an act now in force relating to the same and known as “An act to insure the better education of practitioners of dental surgery and to regulate the practice of dentistry in the State of Nevada,” approved March 16, 1895,’ approved March 16, 1905,” approved March 26, 1919.

[Approved February 28, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 4 of the above-entitled act, being section 2351 N. C. L. 1929, is hereby amended to read as follows:

Dentistry

License refused or revoked

Hearing on charges

Definitions

      Section 4.  Refusal or Revocation of Licenses-Notice and Hearing-Dishonorable and Unprofessional Conduct Defined.  The board may refuse to issue the license provided in this act, or may revoke any license now in force or that may hereafter be given, when it is made to appear by a written statement under oath, or by the declaration or statement bearing the official signatures or seal of some recognized dental board, society, or organization, duly lodged with the president or secretary of the Nevada state board, that such individual has, by false or fraudulent representations, obtained or sought to obtain practice, or by false or fraudulent representations obtained or sought to obtain money, or other things of value, or has practiced under a name or names other than his own, or for any other dishonorable or unprofessional conduct. When such charges have been duly filed or lodged with the president or secretary of the board, the same shall be considered by the board, and if, from the sworn statement or from the official declaration or statements of some recognized dental board, society, or organization, it is made to appear that such charge or charges may be well founded in fact, then the board shall serve written notice on the person charged, if he be the holder of a license issued in this state, or an applicant for a license in this state, and shall therewith serve a copy of the charge or charges, together with the name or names of the person or persons or the board, society, or organization making such, and the same shall be served on the person at least twenty (20) days before the date fixed for the hearing or examination. The person charged shall be given a full and fair trial by the board with the right to be heard and appear in person and by counsel. Any unsuccessful applicant failing to obtain license, or in cases of refusal or revocation, shall have the right of appeal to the courts, requiring said board to show cause why such applicant should not be permitted to practice dentistry in the State of Nevada, or why such license was refused or revoked. The words “dishonorable and unprofessional conduct,” as used in this act, are hereby declared to include:

      1.  Conviction of a felony or misdemeanor involving moral turpitude, or conviction of any criminal violation of the dental laws of the State of Nevada, in which case the record of conviction or a certified copy thereof, certified by the clerk of the court, or the judge in whose court the conviction was had, shall be conclusive evidence; or

      2.  Employing, directly or indirectly, any student or any suspended or unlicensed dentist to perform operations of any kind in treating or correction of the teeth or jaws, except as heretofore provided in this act; or

      3.  The publication or circulation, directly or indirectly, of any fraudulent, false, or misleading statements as to the skill or method of practice of any person; or

      4.  The use of advertising in which reference is made to any anesthetic, drug, formula, material, medicine, method or system used or to be used; or the advertising of the performance of any dental operation without causing pain; or the advertising of any free dental service or examination as an inducement to secure dental patronage; or the advertising of price, cost, charge, fee, or terms of credit for the services performed, or to be performed, or for material used, or to be used, by any person engaged as principal or agent in practice of dentistry; or the advertising of a guarantee for any dental services; or the advertising of artificial teeth or dentures with or without the use of any representation of a tooth, teeth, bridgework, or denture, or of any portion of the human head, or the exhibition or use of specimens of dental work, large display signs, glaring light signs, electric or neon, or any signs, posters, or other media calling attention of the public to any person engaged in the practice of dentistry; or

      5.  The claiming or inferring of professional superiority over neighboring practitioners; or

      6.  The giving of a public demonstration of skill or methods of practicing dentistry upon or along the streets or highways or any place other than the office where the licensee is known to be regularly engaged in the practice of dentistry; or

      7.  Fraud in connection with the securing of a dental license; or

      8.  Willful or repeated violations of the rules of the board of health; or

      9.  Division of fees or agreeing to split or divide the fees received for dental services with any person for bringing or referring a patient, without the knowledge of the patient or his legal representative; provided, however, that this shall not be understood to forbid licensed dentists from practicing in a partnership and sharing professional fees, or to forbid a licensed dentist from employing another licensed dentist; or

      10.  Employing, procuring, inducing, aiding, or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry; provided, that the patient practiced upon shall not be deemed as an accomplice, employer, procurer, inducer, aider, or abettor within the meaning of this act; or

      11.  Professional connection or association with, or lending his name to, anyone who is engaged in the illegal practice of dentistry; professional connection or association with any person, firm, or corporation holding himself, themselves, or itself out in any manner contrary to this act; or

      12.  Use of the name “clinic,” “institute,” or other title or designation that may suggest a public or semipublic activity; or

      13.  Failure to pay license fees.

Definitions

Practices condemned

Repeal

In effect

      The enumeration of these acts shall not be construed as a complete definition of dishonorable or unprofessional conduct, nor as authorizing or permitting the performance of other and similar acts, or as limiting or restricting the board of dental examiners from holding that other or similar acts constitute unprofessional or dishonorable conduct.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

Ormsby County funds transfer

In effect

[Assembly Bill No. 52–Mr. Dickerson]

Chap. 16–An Act authorizing the county treasurer and the county auditor of Ormsby County, of the State of Nevada, to transfer certain funds now in the treasury of said county.

[Approved March 4, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Upon the passage and approval of this act it shall be the duty of the county auditor of Ormsby County, Nevada, and the county treasurer of said county to transfer from the general fund to the road and bridge fund, six thousand five hundred dollars ($6,500); from the general fund to the indigent fund, four thousand five hundred dollars ($4,500).

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

[Assembly Bill No. 37–Mr. Thompson]

Chap. 17–An Act to amend an act entitled “An act, being section 4435.29 N. C. L. 1929, to require the registration of motor vehicles, trailers and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a ‘Motor Vehicle Fund,’ and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith,” approved March 27, 1931, as amended by chapter 203 Statutes of Nevada 1931; as amended by chapter 177 Statutes of Nevada 1933; as amended by chapter 173 Statutes of Nevada 1935; as amended by chapter 40 Statutes of Nevada 1937; as amended by chapter 151 Statutes of Nevada 1937.

[Approved March 4, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 30 of the above-entitled act is hereby amended to read as follows:

      Section 30.  (a) There is hereby created in the state treasury a fund which shall be known as the “Motor Vehicle Fund.” The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this act in such motor vehicle fund.

      (b) There is hereby appropriated out of such fund the sum of fifty cents for each motor vehicle registered by the department, and out of such appropriation the department shall pay each and every item of expense which may be properly charged against the department, including the salaries of the clerks employed in said department who shall be paid in accordance with section 7562 Nevada Compiled Laws 1929, as amended by chapter 121 Statutes of Nevada 1931; all claims for such expenses and salaries shall be certified to the board of examiners and paid as other claims against the state are paid.

Motor vehicle fund created

Provision for expense

Assessors’ share

Transfers to bond fund

Disposition of balance

Repeal

In effect

      (c) In addition to the foregoing the department will at the end of the year certify claims to the board of examiners in favor of each and every county of the state to the amount of twenty-five cents for each and every registration issued in that county; the amount to be placed in a special fund by the treasurer; said fund to be applied to the payment of expenses incurred by the assessor in carrying out the provisions of this act, to be paid as all other claims against the county are paid.

      (d) To meet the requirements of the “Nevada Highway Bond Redemption Fund,” as defined by section 6 of an act entitled “An act authorizing the board of examiners to issue and sell bonds to provide money to pay a portion of the cost of constructing a state highway system, and providing for the payment of said bonds,” approved March 28, 1919, and all subsequent acts relating thereto, the state controller is hereby authorized and directed to make the necessary transfer.

      (e) When the foregoing requirements have been met the state controller shall transfer at the end of each quarter-year to the state highway fund any balance in the motor vehicle fund.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall take effect on April 1, 1941.

Tonopah school fund transfer

Repeal

In effect

[Assembly Bill No. 98–Nye County Delegation]

Chap. 18–An Act authorizing and empowering the board of trustees of the Tonopah school district No. 20, Nye County, Nevada, to transfer moneys from the Tonopah district high school emergency redemption and interest fund to the Tonopah high school fund.

[Approved March 7, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The board of trustees of the Tonopah school district No. 20, Nye County, Nevada, is hereby authorized and empowered to transfer the sum of one thousand one hundred seventy-six dollars and ninety-five cents ($1,176.95) from the Tonopah district high school emergency redemption and interest fund to the Tonopah high school fund.

      Sec. 2.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

[Assembly Bill No. 113–Washoe County Delegation]

Chap. 19–An Act authorizing and empowering the city of Reno to convey to the A. T. Eveleth Lumber Company certain real property within the city limits of said city.

[Approved March 7, 1941]

      Whereas, The A. T. Eveleth Lumber Company, a corporation, in 1939 conveyed to the State of Nevada certain land in the city of Reno as part of a right-of-way for the Alameda avenue underpass under the Southern Pacific right-of-way in said city of Reno, said lands being situated on the easterly side of Alameda avenue; and

      Whereas, The city of Reno proposes to deed to the said A. T. Eveleth Lumber Company, without consideration, land on the westerly side of Alameda avenue, hereinafter described, said land being of the same size as that heretofore deeded by said lumber company to the State of Nevada; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The city of Reno, a municipal corporation, in the State of Nevada, is hereby authorized and empowered to make, execute, and deliver, without consideration, a deed conveying to the A. T. Eveleth Lumber Company in fee simple absolute that certain land situated in the city of Reno, county of Washoe, State of Nevada, described as follows:

      A triangular parcel or piece of land bounded on the west by the westerly line of the dedicated eighty-foot street known as Alameda avenue, on the east by the existing westerly forty-foot highway right-of-way line, and on the south by the left or northerly two hundred foot Southern Pacific Company railroad right-of-way line; and being more particularly described by metes and bounds as follows, to wit:

      Beginning at the point of intersection of the aforesaid westerly line of Alameda avenue with said left or northerly railroad right-of-way line; thence N. 0°22′15ʺ W. along said westerly line of Alameda avenue a distance of 172.73 feet to the point of intersection of said westerly line with the left or westerly forty-foot highway right-of-way line; thence from a tangent which bears S. 0°22′15ʺ E., curving to the left along said highway right-of-way line with a radius of 3,040 feet, through an angle 3°14′10ʺ, a distance of 171.70 feet to a point on the aforesaid railroad right-of-way line; thence S. 76°06′45ʺ W. along said railroad right-of-way line a distance of 4.97 feet to the point of beginning; containing an area of .009 of an acre, more or less.

      Sec. 2.  This act shall become effective from and after its passage and approval.

Preamble

City of Reno authorized to give deed

In effect

Trading stamp act repealed

[Assembly Bill No. 15–Mr. Loomis]

Chap. 20–An Act to repeal an act entitled “An act relating to the use of stamps, coupons, tickets, certificates, cards or other similar devices, for or with the sale of goods, wares and merchandise, and providing a penalty for violation thereof, and repealing all acts in conflict therewith,” approved March 27, 1917, being sections 6714, 6715, 6716, and 6717 Nevada Compiled Laws of 1929.

[Approved March 7, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  That certain act of the legislature of the State of Nevada entitled “An act relating to the use of stamps, coupons, tickets, certificates, cards, or other similar devices, for or with the sale of goods, wares, and merchandise, and providing a penalty for violation thereof, and repealing all acts in conflict therewith,” approved March 27, 1917, being sections 6714, 6715, 6716, and 6717 of the Nevada Compiled Laws of 1929, is hereby repealed.

Taxation

Property exempt, public and private

[Assembly Bill No. 72–Messrs. Dow, Farndale, Tandy, Whalen, Donnelly, and Jones]

Chap. 21–An Act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891, together with the acts amendatory thereof or supplemental thereto.

[Approved March 7, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 5 of the above-entitled act, being section 6418 N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  All property of every kind and nature whatsoever within this state shall be subject to taxation except:

      First-All lands and other property owned by the state, or by the United States, or by any county, incorporated farm bureau, municipal corporation, irrigation, drainage, or reclamation district, town or village in this state, and all public schoolhouses, with lots appurtenant thereto, owned by any legally created school district within the state; also, nonprofit private schools, with lots appurtenant thereto, and furniture and equipment.

      Second-Unpatented mines and mining claims; provided, that nothing in this section shall be so construed as to exempt from taxation possessory claims to the public lands of the United States, or of this State, or the proceeds of the mines; and provided further, that nothing herein shall be construed as to interfere with the primary title to the lands belonging to the United States.

that nothing in this section shall be so construed as to exempt from taxation possessory claims to the public lands of the United States, or of this State, or the proceeds of the mines; and provided further, that nothing herein shall be construed as to interfere with the primary title to the lands belonging to the United States.

      Third-Churches, chapels, and other buildings used for religious worship, with their furniture and equipments, and the lots of ground on which they stand, used therewith and necessary thereto; provided, that when any such property is used exclusively for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.

      Fourth-The funds, furniture, paraphernalia, and regalia owned by any lodge of the Order of Free and Accepted Masons, or of the Independent Order of Odd Fellows, or of any other similar charitable organization, or by any benevolent or charitable society so long as the same shall be used for the legitimate purposes of such lodge or society, or for such charitable or benevolent purposes; provided, that such exemption shall in no case exceed the sum of five thousand dollars to any one lodge, society, or organization.

      Fifth-All cemeteries and graveyards set apart and used for and open to the public for the burial of the dead, when no charge is made for burial therein.

      Sixth-The property of widows and orphan children, not to exceed the amount of one thousand dollars to any one family; the property of all totally blind persons, not to exceed the amount of three thousand dollars; provided, that no such exemption shall be allowed to anyone but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family, and the party or parties claiming such exemption shall make an affidavit before the county assessor of such residence, and that such exemption has been claimed in no other county in this state for that year; and provided further, that no such exemption shall be allowed anyone the total value of whose property within the state exceeds six thousand dollars.

      Seventh-The real property owned and used by any post or unit of any national organization of ex-service men or women. The separate and/or community property, not to exceed the amount of one thousand dollars, of any person who has served in the army, navy, marine corps, or revenue marine service of the United States in the time of war and who has received an honorable discharge therefrom; provided, that such exemption shall be allowed only to claimants who shall make an affidavit annually before the county assessor to the effect that they are actual bona fide residents of the State of Nevada, that such exemption is claimed in no other county within this state, and that the total value of all property of affiant within this state is less than four thousand dollars.

Mines

Churches

Societies

Cemeteries

Widows, orphans, blind, etc.

Veterans

Fraternities

Repeal

In effect

county within this state, and that the total value of all property of affiant within this state is less than four thousand dollars.

      Eighth-There shall also be exempt from taxation all real property owned by any fraternity, or chapter thereof, when the same is composed of students of the University of Nevada and used as a home for its members; provided, that such exemption shall in no case exceed the sum of seven thousand five hundred dollars to any one fraternity or chapter thereof.

      Sec. 2.  All acts or parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

Industrial insurance

Accident Benefits

[Assembly Bill No. 68–Mr. Brooks]

Chap. 22–An Act to amend an act entitled “An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act,” approved March 15, 1913, together with the acts amendatory thereof or supplemental thereto.

[Approved March 7, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 23 of said act, being section 2704 N. C. L. 1929, is hereby amended to read as follows:

      Section 23.  (a) Every injured employee within the provisions of this act shall be entitled to receive, and shall receive promptly, such medical, surgical, and hospital, or other treatment, including nursing, medicines, medical, and surgical supplies, crutches, and apparatus, including artificial members, as may reasonably be required at the time of the injury and within six months thereafter, which may be further extended by the Nevada industrial commission for an additional period of one year. The benefits conferred by this paragraph upon the injured employee shall hereafter be termed “Accident Benefits.”

      (b) For the purpose of providing a fund to take care of said accident benefits as in this act provided the Nevada industrial commission is authorized and directed to collect a premium upon the total pay roll of every employer, except as hereinafter provided, in such a percentage as the commission shall by order fix; every employer paying such premium shall be relieved from furnishing accident benefits, and the same shall be provided by the Nevada industrial commission.

a premium upon the total pay roll of every employer, except as hereinafter provided, in such a percentage as the commission shall by order fix; every employer paying such premium shall be relieved from furnishing accident benefits, and the same shall be provided by the Nevada industrial commission. Every employer paying such premium for accident benefits may collect one-half thereof, not to exceed one dollar per month from each employee, and may deduct the same from the wages of such employee.

      The Nevada industrial commission shall have the authority to adopt such reasonable rules and regulations as may be necessary to carry out the provisions of this subdivision of this section. All fees and charges for such accident benefits shall be subject to regulation by the commission, and shall be limited to such charges as prevail in the same community for similar treatment of injured persons of like standard of living.

      The state insurance fund provided for in this act shall not be liable for any accident benefits provided by this section, but the fund provided for accident benefits shall be a separate and distinct fund, and shall be so kept.

      (c) It shall be the duty of every employer accepting the provisions of this act, immediately upon the occurrence of an injury to any of his employees, to render to such employee all necessary first aid, including cost of transportation of the injured employee from the place of injury to the nearest place of proper treatment where the injury is such as to make it reasonably necessary for such transportation; such employer shall forthwith notify the commission of such accident, giving the name of the injured employee, the nature of the accident and where and by whom the injured employee is being treated, and the date of the accident. Every employer paying accident benefit premiums to the Nevada industrial commission furnishing such first aid shall be entitled to receive from the commission the amount of such expenditure reasonably made.

      (d) Every employer operating under this act alone or together with other employers may make arrangements for the purpose of providing accident benefits as defined in this act for injured employees, and such employer may collect one-half of the cost of such accident benefits from their collective employees, not to exceed one dollar per month from any one employee, and may deduct the same from the wages of each employee. Employers electing to make such arrangements for providing accident benefits shall notify the Nevada industrial commission of such election and render a detailed statement of the arrangements made. Every employer who maintains a hospital of any kind for his employees, or who contracts with a physician for the hospital care of injured employees, shall, on or before the thirtieth day of January of each year, make a written report to the Nevada industrial commission for the preceding year, which report shall contain a statement showing: (1) Total amount of hospital fees collected, showing separately the amount contributed by the employees, and the amount contributed by the employers; (2) an itemized account of the expenditures, investments, or other disposition of such fees, and (3) a statement showing what balance, if any, remains.

Premiums; collection of

May make rules and regulations

Separate funds

First aid to be rendered

Reports of injury

Plans by employer

Penalty for failure to notify

Control over plans

Claims in duplicate

False claims; penalty

employees, shall, on or before the thirtieth day of January of each year, make a written report to the Nevada industrial commission for the preceding year, which report shall contain a statement showing: (1) Total amount of hospital fees collected, showing separately the amount contributed by the employees, and the amount contributed by the employers; (2) an itemized account of the expenditures, investments, or other disposition of such fees, and (3) a statement showing what balance, if any, remains. Such reports shall be verified by the employer, if an individual; by a member, if a partnership; by the secretary, president, general manager, or other executive officer, if a corporation; by the physician, if contracted to a physician.

      Every employer who fails to so notify said Nevada industrial commission of such election and arrangements, or who fails to render the financial report required herein, shall be liable for accident benefits as heretofore provided by subdivision (b) of this section.

      (e) If it be shown or the commission finds that the employer is furnishing the requirements of medical, surgical, or hospital aid or treatment provided for in this act in such a manner that there are reasonable grounds for believing that the health, life, or recovery of the employee is being endangered or impaired thereby, the commission may, upon application of the employee or upon its own motion, order a change in the physician or other requirements, and if the employer fails to promptly comply with such order, the injured employee may elect to have such medical, surgical, or hospital aid or treatment provided by or through the Nevada industrial commission, in which event the cause of action of said injured employee against the employer or hospital association shall be assigned to the Nevada industrial commission for the benefit of the state insurance fund, and the Nevada industrial commission shall furnish to said injured employee the medical, surgical, or hospital aid or treatment provided for in this act.

      (f) A duplicate of all claims against the Nevada industrial insurance commission for accident benefits under the provisions of this act shall be delivered in person or sent by mail to the employer and the injured workman or workmen by the doctor or physician in charge of each case.

      Any employer, employee, physician, or other person, natural or artificial, rendering medical or other services in connection with an injured workman or workmen who knowingly files or approves a false report or claim to the Nevada industrial commission shall be guilty of a misdemeanor for each and every offense, and upon conviction thereof shall be punished by a fine of not less than $100 or more than $500.

      Sec. 2.  It is hereby expressly provided that in the event any section of this act shall be held by any court to be void or inoperative for any cause, such holding shall not affect any other section or provision contained in this act.

      Sec. 3.  This act shall be in full force and effect from and after July 1, 1941.

Separability clause

In effect

[Assembly Bill No. 61–Mr. Loomis]

Chap. 23–An Act relating to insane persons.

[Approved March 7, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  After a person’s insanity has been judicially determined, such person can make no conveyance or other contract, or delegate any power or waive any right until his restoration to presumed legal capacity, or until he has been judicially declared to be sane. A certificate from the superintendent or resident physician of the insane asylum to which such person may have been committed showing that such person had been discharged therefrom shall establish the presumption of legal capacity in such person from the time of such discharge.

      Sec. 2.  The district courts of the several counties in this state shall have jurisdiction to hear and determine the question as to whether or not a person, previously adjudicated to be insane, shall be adjudicated to be sane.

      Sec. 3.  Any person, on behalf of an alleged insane person, may file a petition in the district court seeking an order restoring said alleged insane person to the status of a sane person. Upon the filing of said petition for said purpose, the clerk shall give such notice of the filing of the same as the court may order.

      Sec. 4.  This act shall take effect immediately upon its passage and approval.

Insane persons; disability

Sanity determined

Petition to be filed

In effect

Agricultural districts

In effect

[Senate Bill No. 53–Lyon County Delegation]

Chap. 24–An Act to amend section 1 of an act entitled “An act to form agricultural districts, to provide for the organization of agricultural associations therein, and for the management and control of the same by the state,” approved March 7, 1885, as amended.

[Approved March 7, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled act, being section 327 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  The counties of Ormsby, Douglas, and Storey shall constitute agricultural district No. 1; the counties of Esmeralda and Nye shall constitute agricultural district No. 2; the county of Humboldt shall constitute agricultural district No. 3; the county of Elko shall constitute agricultural district No. 4; the county of Mineral shall constitute agricultural district No. 5; the counties of Eureka, Lander, and White Pine shall constitute agricultural district No. 6; the county of Churchill shall constitute agricultural district No. 7; the counties of Lincoln and Clark shall constitute agricultural district No. 8; and the county of Lyon shall constitute agricultural district No. 9.

      Sec. 2.  This act shall become effective from and after its passage and approval.

Registry of electors

[Assembly Bill No. 26–Mr. Boak]

Chap. 25–An Act to amend section 21 of an act entitled “An act regulating the registration of electors for general, special, and primary elections,” approved March 27, 1917, as amended by 1923 Statutes of Nevada, pages 152, 153, and 1927 Statutes of Nevada, page 290, the said section 21 being Nevada Compiled Laws 1929, section 2380, by amending paragraph 6 thereof and by adding a new paragraph thereto to be numbered 8.

[Approved March 10, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 21 of the above-entitled act, being section 2380 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 2380.  The county clerk must cancel any registry card in the manner but not necessarily at the time provided for in section 2375 Nevada Compiled Laws 1929, in the following cases:

      1.  When he has a personal knowledge of the death of the person registered or when a duly authenticated certificate of the death of any elector is filed in his office.

      2.  When the insanity of the elector is legally established.

      3.  Upon the production of a certified copy of the judgment of conviction of any elector of felony.

      4.  Upon the production of a certified copy of the judgment of any court directing the cancelation to be made.

      5.  Upon the request of any elector who desires to change his politics, or to affiliate with any political party, provided said change is made forty-five days before any primary election. If any card is canceled by reason of this subdivision 5 the elector may immediately reregister.

      6.  Upon the filing with the county clerk of the county in which the registrant is registered for voting purposes of an affidavit or of affidavits of one or more electors or other reliable person or persons, knowing the facts to the effect that the registrant has removed from the county where so registered to another county, state, territory, or foreign country, with the intention of remaining there for at least an indefinite time and of abandoning his or her home and residence in the county where so formerly registered, and has established his or her residence in such other state, territory, or foreign country or in some other county of this state, naming the same, as set forth in Nevada Compiled Laws 1929, section 2366, and that the affiant has or affiants have personal knowledge of said facts, unless said registrant shall within fifteen days after he has been notified by registered mail and the return receipt thereof has been filed in the office of the county clerk of the filing of the above-mentioned affidavit or affidavits and a copy thereof enclosed, present to such county clerk counteraffidavits, documentary evidence, or oral testimony under oath refuting the said statements so made in the above-mentioned affidavit or affidavits to the satisfaction of said county clerk; provided, however, that nothing in this act shall prevent, or be construed so as to prevent, the challenge provided for in Nevada Compiled Laws 1929, section 2382.

      7.  At the request of the party registered. If any card is so canceled the party shall not be reregistered within forty-five days of such cancelation.

      8.  Upon the filing with the county clerk of the county in which the registrant is registered for voting purposes of an affidavit or of affidavits of two or more electors, or other reliable persons knowing the facts, to the effect that the registrant is not a citizen of the United States but is an unnaturalized alien, and that the affiant has or the affiants have personal knowledge of that fact, or upon the filing of other satisfactory documentary evidence showing that said registrant is not a citizen of the United States, unless said registrant shall present to such county clerk, within 15 days after he has been notified of the filing of the above-mentioned affidavit or affidavits or other such documentary evidence enclosing a copy thereof, counteraffidavits, his certificate of naturalization or other documentary evidence or oral testimony under oath, refuting to the satisfaction of said county clerk the statements made in said affidavit or affidavits and in said documentary evidence so questioning the United States citizenship of said registrant; provided, however, that nothing in this act shall prevent, or be construed so as to prevent, the challenge provided for in Nevada Compiled Laws 1929, section 2382.

Cancelation; when

Removals

Challenge preserved

Aliens

Repeal

In effect

registrant is not a citizen of the United States, unless said registrant shall present to such county clerk, within 15 days after he has been notified of the filing of the above-mentioned affidavit or affidavits or other such documentary evidence enclosing a copy thereof, counteraffidavits, his certificate of naturalization or other documentary evidence or oral testimony under oath, refuting to the satisfaction of said county clerk the statements made in said affidavit or affidavits and in said documentary evidence so questioning the United States citizenship of said registrant; provided, however, that nothing in this act shall prevent, or be construed so as to prevent, the challenge provided for in Nevada Compiled Laws 1929, section 2382.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

Preamble

Relief of Howard

In effect

[Assembly Bill No. 87–Mr. Tognoni]

Chap. 26–An Act for the relief of George R. Howard.

[Approved March 10, 1941]

      Whereas, George R. Howard was regularly appointed, qualified, and acted as an attache of the 39th session of the Nevada legislature, up to and including the adjournment of said session, at the salary of six ($6) dollars per day; and

      Whereas, In the final allowance for services to attaches the name of said George R. Howard was inadvertently omitted for the last three days of service; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of eighteen ($18) dollars is hereby appropriated out of any money in the general fund of the State of Nevada, not otherwise appropriated, for the payment to George R. Howard of said claim, and the state controller is hereby directed to draw his warrant in favor of the said George R. Howard for the sum of eighteen ($18) dollars, and the state treasurer is directed to pay the same.

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

[Assembly Bill No. 86–Mr. Dickerson]

Chap. 27–An Act to amend an act entitled “An act to provide educational facilities for the children in the state orphans’ home and other matters properly connected therewith,” approved March 20, 1911, together with the acts amendatory thereof or supplemental thereto.

[Approved March 10, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled act, being section 7599 N. C. L. 1929, as amended by chapter 82 Statutes of Nevada 1939, is hereby amended to read as follows:

      Section 1.  The children residing at the state orphans’ home shall be included in the school census of Carson City school district, and in consideration of the allowance of seven thousand five hundred dollars ($7,500) for the biennium ending June 30, 1943, paid out of the general fund of the state treasury, the children of the state orphans’ home shall be entitled to attend, and shall attend the Carson City public schools, and to receive therein the full attention, protection, and instruction accorded to any other children, including the domestic and manual arts in the elementary grades, with the addition of commercial branches in the high school, all of which shall be of standard character approved by the state board of education.

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

Tuition for orphans

In effect

[Assembly Bill No. 97–Committee on Ways and Means]

Chap. 28–An Act to provide for an appropriation for the Nevada school of industry situated at Elko, Nevada, and other matters properly connected therewith.

[Approved March 10, 1941]

      Whereas, It has been determined by the commission in control of the Nevada school of industry situated at Elko, Nevada, that:

      There exists a deficiency affecting general expense, travel, and in the personnel salary funds; and

      That the estimated deficiency for the fiscal year ending June 30, 1941, is four thousand ($4,000) dollars; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  There is hereby appropriated out of any funds in the state treasury of the State of Nevada, not otherwise specifically allotted, the sum of four thousand ($4,000) dollars to provide for deficiencies for the Nevada school of industry situated at Elko, Nevada.

Preamble

Deficiency school of industry

In effect

in the state treasury of the State of Nevada, not otherwise specifically allotted, the sum of four thousand ($4,000) dollars to provide for deficiencies for the Nevada school of industry situated at Elko, Nevada.

      Sec. 2.  The state controller is hereby directed to draw his warrants for the sums so certified and the state treasurer is hereby authorized and directed to pay the same.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

Transfer of state funds

In effect

[Assembly Bill No. 132–Committee on Ways and Means]

Chap. 29–An Act authorizing and directing the state treasurer of the State of Nevada to transfer certain sums from the “Hoisting Engineers’ License Fund” to the general fund of the State of Nevada.

[Approved March 10, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  At the end of the fiscal year 1940, and annually thereafter, the state treasurer of the State of Nevada is hereby authorized and directed to transfer from the hoisting engineers’ license fund of the State of Nevada all sums in said fund in excess of one thousand ($1,000) dollars to the general fund of the State of Nevada.

      Sec. 2.  This act shall be in full force and effect from and after the 1st day of July 1941.

Civil practice act

[Assembly Bill No. 24–Mr. Farndale]

Chap. 30–An Act to amend an act entitled “An act to regulate proceedings in civil cases in this state, and to repeal all other acts in relation thereto,” approved March 17, 1911, together with the acts amendatory thereof or supplementary thereto.

[Approved March 10, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 346 of the above-entitled act, being section 8844 N. C. L. 1929, is hereby amended to read as follows:

      Section 346.  The following property is exempt from execution, except as herein otherwise specifically provided:

      1.  Chairs, tables, desks, and books to the value of two hundred dollars, belonging to the judgment debtor.

      2.  Necessary household, table, and kitchen furniture belonging to the judgment debtor, including one sewing-machine, stove, stovepipe, and furniture, wearing apparel, beds, bedding, and bedsteads, hanging pictures, oil paintings and drawings drawn or painted by any member of the family, and the family portraits and their necessary frames, provisions and fuel actually provided for individual or family use, sufficient for three months, and three cows and their suckling calves, four hogs with their suckling pigs, and food for such cows and hogs for one month; also, one piano, one shotgun, and one rifle.

      3.  The farming utensils or implements of husbandry of the judgment debtor, not exceeding in value the sum of one thousand dollars; also, two oxen, or two horses, or two mules, and their harness, one cart or buggy and two wagons, and food for such oxen, horses, or mules for one month; also, all seed, grain, or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of two hundred dollars; and seventy-five beehives, one horse and vehicle belonging to any person who is maimed or crippled, when the same is necessary in his business.

      4.  The tools or implements of a mechanic or artisan necessary to carry on his trade; the notarial seal, records, and office furniture of a notary public; the instruments and chests of a surgeon, physician, surveyor, or dentist necessary to the exercise of their professions, with their professional libraries and necessary office furniture; the professional libraries of attorneys, judges, ministers of the gospel, editors, school teachers, and music teachers and professional musicians and their necessary office furniture including one safe and one typewriter; also the musical instruments of music teachers actually used by them in giving instructions, and musical instruments of professional musicians and all indices, abstracts, books, papers, maps, and office furniture of a searcher of records necessary to be used in his profession; also the typewriters or other mechanical contrivances employed for writing in type, actually used by the owner thereof for making his living; also one bicycle when such bicycle is used by its owner and is necessary for the purpose of carrying on his regular business.

      5.  The cabin or dwelling of a miner or prospector, not exceeding in value the sum of five hundred dollars; also, his sluices, pipes, hose, windlass, whim, derrick, cars, pumps, tools, implements, and appliances necessary for carrying on any mining operations, not exceeding in value the aggregate sum of five hundred dollars; and two horses, mules, asses, or oxen with their harness, and food for such horses, mules, asses, or oxen for one month, when necessary for use by him in working any mining claim or in prospecting for minerals, or when necessary to be used on any whim, windlass, derrick, car, pump, or hoisting gear; and also his mining claim actually worked by him, not exceeding in value the sum of one thousand dollars.

Exempt property; home

Farm

Tools of trade

Miner

Means of travel

Earnings

Fire companies

Arms, etc.

Public property

or oxen with their harness, and food for such horses, mules, asses, or oxen for one month, when necessary for use by him in working any mining claim or in prospecting for minerals, or when necessary to be used on any whim, windlass, derrick, car, pump, or hoisting gear; and also his mining claim actually worked by him, not exceeding in value the sum of one thousand dollars.

      6.  Two horses, two oxen, or two mules, and their harness, and one cart or wagon, one dray or truck, one coupe, one hack or carriage for one or two horses, or one motor vehicle, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster, or other laborer habitually earns his living; and one horse, with vehicle and harness or other equipments, or one motor car not exceeding in value one thousand dollars, used by a physician, surgeon, constable, or minister of the gospel in the legitimate practice of his profession or business; with food for such oxen, horses, or mules for one month.

      7.  Poultry not exceeding in value seventy-five dollars.

      8.  The earnings of the judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of execution or attachment, when it appears, by the debtor’s affidavit or otherwise, that such earnings are necessary for the use of his family, residing in this state, supported in whole or in part by his labors; but where debts are incurred by any such person, or his wife or family, for the common necessaries of life, or have been incurred at a time when the debtor had no family residing in this state, supported in whole or in part by his labor, the one-half of such earnings above mentioned is nevertheless subject to execution, garnishment, or attachment to satisfy debts so incurred.

      9.  All fire engines, hooks and ladders, with the carts, trucks, and carriages, hose, buckets, implements, and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this state.

      10.  All arms, uniforms, and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      11.  All courthouses, jails, public offices and buildings, lots, grounds, and personal property, the fixtures, furniture, books, papers, and appurtenances belonging and pertaining to the courthouse, jail, and public offices belonging to any county of this state, and all cemeteries, public squares, parks, and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament, or public use, or for the use of any fire or military company organized under the laws of this state.

by such town or city to health, ornament, or public use, or for the use of any fire or military company organized under the laws of this state.

      12.  All material not exceeding one thousand dollars in value, purchased in good faith for use in the construction, alteration, or repair of any building, mining claim, or other improvement, as long as in good faith the same is about to be applied to the construction, alteration, or repair of such building, mining claim, or other improvement.

      13.  All machinery, tools, and implements necessary in and for boring, sinking, putting down, and constructing surface or artesian wells; also the engines necessary for operating such machinery, implements, tools, etc.; also all trucks necessary for the transportation of such machinery, tools, implements, engines, etc.; provided, that the value of all the articles exempted under this subdivision shall not exceed one thousand dollars.

      14.  All moneys, benefits, privileges, or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed five hundred dollars, and if they exceed that sum a like exemption shall exist which shall bear the same proportion to the moneys, benefits, privileges, and immunities so accruing or growing out of such insurance that said five hundred dollars bears to the whole annual premium paid.

      15.  And the homestead as provided for by law.

      16.  The dwelling of the judgment debtor occupied as a “home for himself and family, where said dwelling is situate upon lands not owned by him.”

      No article, however, or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

Buildings, mining, materials

Well equipment

Life insurance

Dwelling

Exception

In effect

[Assembly Bill No. 130–Nye County Delegation]

Chap. 31–An Act authorizing and empowering the board of trustees of the Tonopah school district No. 20, Nye County, Nevada, to transfer moneys from the Tonopah district high school emergency loan fund to the Tonopah high school fund.

[Approved March 10, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The board of trustees of the Tonopah school district No. 20, Nye County, Nevada, is hereby authorized and empowered to transfer the sum of eighty-three dollars and thirty-six cents ($83.36) from the Tonopah district high school emergency loan fund to the Tonopah high school fund.

Tonopah school transfer

Repeal

In effect

and empowered to transfer the sum of eighty-three dollars and thirty-six cents ($83.36) from the Tonopah district high school emergency loan fund to the Tonopah high school fund.

      Sec. 2.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

School bus safety rules

Penalty

[Senate Bill No. 41–Senator Lattin]

Chap. 32–An Act to promote the public safety by regulating the use by vehicles transporting school children at grade crossings of public streets or highways over steam railroad tracks within the State of Nevada, and providing penalties for violations thereof.

[Approved March 10, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Every school bus carrying any school child shall, upon approaching any steam railroad grade crossing, be brought to a full stop within fifty (50) feet, but not less than ten (10) feet, from the nearest rail of any such railroad grade crossing, and shall not proceed until the driver of such vehicle has exercised due caution in listening and looking in both directions along such track for approaching railway trains or cars and has ascertained that the course is clear. Crossing shall be made only in such gear that there shall be no necessity for changing gears while traversing such crossing. Nothing contained in this section shall be so construed as to relieve the driver of the responsibility in any case of exercising due caution to ascertain that the course is clear before approaching and proceeding over such crossing. The requirements of this section shall be observed notwithstanding the presence or absence of mechanical protection or warning or of a human flagman or watchman at such crossing.

      Sec. 2.  Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than three hundred dollars or less than one hundred dollars, or by imprisonment in the county jail for not more than ninety days or less than fifteen days or by both such fine and imprisonment.

[Assembly Bill No. 25–Clark County Delegation]

Chap. 33–An Act authorizing the board of control of the State of Nevada to sell and convey certain real estate situated in Clark County, Nevada, to the United States of America and other matters relating thereto.

[Approved March 11, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The board of control of the State of Nevada is hereby authorized and empowered to sell and convey and do all things whatsoever necessary or incident to effect the conveyance to the United States of America of the east half of the southwest quarter of the northeast quarter (E 1/2 SW 1/4 NE 1/4); east half of the northeast quarter of the southeast quarter (E 1/2 NE 1/4 SE 1/4); and the southeast quarter of the northeast quarter (SE 1/4 NE 1/4) of section 33, township 16 south, range 68 east, M. D. B. & M.

      Sec. 2.  The title to said land shall be conveyed to the United States by deed in such form as the attorney-general shall prescribe, and shall have the great seal of the State of Nevada affixed by the secretary of state.

      Sec. 3.  The price to be paid by the United States for said lands, as fixed and determined, is the sum of six hundred ($600) dollars, which shall be deposited in the general fund of the State.

      Sec. 4.  This act shall be in full force and effect from and after its passage and approval.

Sale to U. S.; land in Clark County

Price

In effect

[Assembly Bill No. 88–Mr. Farndale]

Chap. 34–An Act providing for the reemployment of persons called from their employment by reason of the provisions of the so-called federal “Selective Training and Service Act of 1940,” and providing for the method of enforcing the provisions thereof.

[Approved March 12, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Any person who, under the provisions of the so-called federal “Selective Training and Service Act of 1940,” has been or may hereafter be inducted into the land or naval forces of the United States, or who has been called from his employment under the provisions of said act but for any reason has not been inducted into the land or naval forces of the United States, and who by reason of the provisions of the above-entitled act, in order to perform such training and service, has left or leaves a position, other than a temporary position, in which the status of seniority is not recognized by the employer, in the employ of any employer, and who

Employees; rights of under certain conditions

Conditions; military trainees

Duty of employers

Privileges of employee

forces of the United States, and who by reason of the provisions of the above-entitled act, in order to perform such training and service, has left or leaves a position, other than a temporary position, in which the status of seniority is not recognized by the employer, in the employ of any employer, and who

      (a) Receives a certificate showing that he has completed the period of training for which he was inducted into the land or naval forces of the United States; or

      (b) Has received a certificate of discharge showing that he has been, by reason of physical disability, or for any other reason, discharged or excused from such land or naval forces of the United States; or

      (c) Has been called from his employment but who by reason of physical disability, or for any other reason has not been inducted into the land or naval forces of the United States,

is still qualified to perform the duties of the position vacated, and makes application for reemployment within forty (40) days after he is relieved from such training or service.

      (1) If such position was in the employ of a private employer, such employer shall restore such person to such position or to a position of like seniority, status, and pay, unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so;

      (2) If such position was in the employ of any department, commission, or agency of the State of Nevada, or in the employ of any county or political subdivision of the State of Nevada, or in the employ of any city, town, or irrigation district within the State of Nevada, such employer shall restore such person to such position or to a position of like seniority, status, and pay, unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so.

      Sec. 2.  Any person who is restored to a position in accordance with the provisions of paragraph (1) or (2) of section one (1) shall be considered as having been on furlough or leave of absence during his period of training and service in the land or naval forces, shall be so restored without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person was inducted into such forces, or in effect at the time such person was called from his employment under the provisions of the act herein referred to, and shall not be discharged from such position without cause within one (1) year after such restoration.

      Sec. 3.  In case any employer fails or refuses to comply with the provisions of subsections (1) and (2) of section one (1), any district court of the State of Nevada, for the district in which such employer maintains a place of business, shall have power, upon the filing of a motion, petition, or other appropriate pleading by the person entitled to the benefits of the provisions of this act, to specifically require such employer to comply with such provisions, and, as an incident thereto, to compensate such person for any loss of wages or benefits suffered by reason of such employer’s unlawful action.

(1), any district court of the State of Nevada, for the district in which such employer maintains a place of business, shall have power, upon the filing of a motion, petition, or other appropriate pleading by the person entitled to the benefits of the provisions of this act, to specifically require such employer to comply with such provisions, and, as an incident thereto, to compensate such person for any loss of wages or benefits suffered by reason of such employer’s unlawful action. The court shall order a speedy hearing in such case and shall advance it on the calendar. Upon application to the district attorney for the county in which such employer maintains a place of business, by any person claiming to be entitled to the benefits of such provisions, such district attorney, if reasonably satisfied that the person so applying is entitled to such benefits, shall appear and act as attorney for such person in the amicable adjustment of the claim, or in the filing of any motion, petition, or other appropriate pleading, and the prosecution thereof to specifically require such employer to comply with such provisions; provided, that no fees or court costs shall be taxed against the person so applying for such benefits.

      Sec. 4.  The provisions of this act shall not apply to any person who is dismissed from the land or naval forces of the United States with a dishonorable discharge.

      Sec. 5.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 6.  This act shall take effect immediately from and after its passage and approval.

Aid of courts

Exception

Repeal

In effect

[Assembly Bill No. 59–Churchill County Delegation]

Chap. 35–An Act to amend an act entitled “An act providing for the vacation of portions of city and town plats,” approved March 13, 1917.

[Approved March 12, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled act, being section 1372 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  Any owner or owners of platted land in an incorporated city may make application in writing to the city council of the city wherein such land is situated for the vacation of the portion of the plat so owned by him or them, together with such portion of any and all streets, alleys, and public ways as adjoin or abut the same. Such application shall particularly describe the portion of the plat, and of the streets, alleys, and public ways sought to be vacated, and shall be signed by the applicant or applicants.

Vacation of parts of city plats

Notice published

Action by council

In effect

and of the streets, alleys, and public ways sought to be vacated, and shall be signed by the applicant or applicants. A copy of such application shall be published at the expense of the applicant or applicants in a newspaper of general circulation published in such city, at least once a week for three successive weeks, which said publication shall be deemed due and sufficient notice to all persons interested of the nature and purpose of such application. Upon the filing of such application and proof of publication with the city clerk, the city council shall, at its next regular meeting, proceed to hear, consider, and dispose of the same, and if the said city council be satisfied that neither the public nor any person will be materially injured thereby, it shall order such portion of said plat, streets, alleys, and public ways vacated in accordance with such application, a certified copy of which order shall be duly recorded in the office of the recorder of the county wherein such land is situated.

      Sec. 2.  This act shall be effective from and after its passage and approval.

Public service commission

[Senate Bill No. 55–Senator Wittenberg]

Chap. 36–An Act to amend section 5 of an act entitled “An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto,” approved March 28, 1919, being section 6104 Nevada Compiled Laws 1929, as amended by chapter 138 Statutes 1931.

[Approved March 12, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 5 of the above-entitled act, being section 6104 Nevada Compiled Laws 1929, as amended by chapter 138 Statutes 1931, is hereby amended so as to read as follows:

      Section 5.  The appointive commissioner who shall devote his entire time to the business of the commission shall receive a salary of five thousand ($5,000) dollars per annum; the other appointive commissioner shall receive a salary of twenty-five hundred ($2,500) dollars per annum, and the ex officio member of the commission shall receive a salary of one thousand ($1,000) dollars per annum; all of said salaries shall be paid as other state officers are paid. Said commission shall appoint a secretary who shall be an expert rate man and who shall receive a salary of three thousand, six hundred ($3,600) dollars per annum; the commission may employ such other clerks, experts, or engineers as may be necessary, and shall fix their compensation; provided, that such appointments and employments and the compensation therefor shall first be approved by the state board of examiners.

necessary, and shall fix their compensation; provided, that such appointments and employments and the compensation therefor shall first be approved by the state board of examiners.

      Sec. 2.  This act shall take effect and be in force from and after July 1, 1941.

Approval required

In effect

[Senate Bill No. 58–Committee on Banks and Banking]

Chap. 37–An Act to amend an act entitled “An act to provide a means of incorporating banks and trust companies; to authorize banks and trust companies to conduct certain kinds of business; to provide for the regulation and control of such business; to provide for the appointment of a superintendent of banks; to prescribe the powers and duties of the state board of finance relative to the business of banking; to conform the charters of banks and trust companies now operating under the laws of the State of Nevada to the provisions of this act; to incorporate herein the provisions of the general corporation law, as amended; to provide for the reorganization, incorporation of assets, and the liquidation of banks and trust companies in certain cases; to make the violation of the provisions hereof criminal offenses, and to prescribe the punishment therefor; to repeal certain acts and all acts or parts of acts in conflict herewith; and other matters relating to banks and trust companies,” approved March 28, 1933, as amended.

[Approved March 12, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 10 of the above-entitled act, as amended by chapter 147, 1935 Statutes of Nevada, is hereby amended to read as follows:

      Section 10.  The affairs and business of any banking corporation organized under the laws of this state shall be managed, or controlled, by a board of directors, of not less than five in number, who shall be selected from the stockholders in January of each year, and in such manner as may be provided by the laws of the corporation. No person shall be eligible to serve as a director of any bank, organized or existing under the laws of this state, unless he shall be a bona fide owner of one thousand dollars of the stock of such bank, fully paid and not hypothecated. A majority of the board of directors of every bank shall be residents of the State of Nevada, and at least one of said directors shall reside in the county where its business is to be conducted. Any director, officer, or other person, who shall participate in any violation of the laws of this state, relative to banks, shall be liable for all damage which the said bank, its stockholders, depositors, or creditors shall in consequence of such violation, sustain.

Banking corporations; directors

Officers

Audit

any violation of the laws of this state, relative to banks, shall be liable for all damage which the said bank, its stockholders, depositors, or creditors shall in consequence of such violation, sustain. Such director, when appointed, shall take an oath that he will, so far as the duty devolves upon him, diligently and honestly administer the affairs of such bank, and will not knowingly violate, or willingly permit to be violated, any of the provisions of this act, and that he is the owner, in good faith and in his own right, of the number of shares of stock required by this act, standing in his name on the books of the corporation; that the same is not hypothecated or in any way pledged as security for any loan or debt. Such oath, subscribed by the director making it and certified by the notary public before whom it was taken, shall be immediately transmitted to the superintendent of banks, and shall be filed and preserved in his office. The directors shall elect from their number a president, vice president or vice presidents, and shall appoint a cashier, who shall be ex officio secretary, and such other officers as may be provided for in the bylaws. Such officers shall hold their offices for the term of one year and until their successors have been elected and qualified, unless sooner removed by the board of directors. The board shall require the cashier and any and all officers and employees of the bank, having care of the funds, to give good and sufficient bond to be approved by them. The board of directors shall meet at least once each month in regular meeting, and at least quarterly a thorough examination of the books, records, funds, and securities held by the bank or trust company shall be made, and at each meeting of the directors, regular or special, the minutes of the previous meeting shall be read and corrected as may be desired, and thereupon signed by each director present.

[Senate Bill No. 35–Senator Dressler]

Chap. 38–An Act to amend an act entitled “An Act authorizing county treasurers to place county funds in bank on open account under certain restrictions,” approved March 12, 1885, by amending the title thereof, amending certain sections and by inserting new sections therein.

[Approved March 12, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The title of the above-entitled act, being sections 2187 and 2188 N. C. L. 1929, is hereby amended to read as follows:

      An act authorizing county treasurers to place county funds in bank on open account under certain restrictions, and authorizing the withdrawal thereof by treasurer’s check upon the countersignature of the county auditor, and other matters properly related thereto.

funds in bank on open account under certain restrictions, and authorizing the withdrawal thereof by treasurer’s check upon the countersignature of the county auditor, and other matters properly related thereto.

      Sec. 2.  Section 1 of the above-entitled act, being section 2187 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  The county treasurers of the several counties in this state may, when a private or an incorporated bank is located at the county seat, deposit, with unanimous consent of their bondsmen, county funds in such bank or banks upon open account; and when no such bank or banks exist at such county seat may deposit, with unanimous consent of their bondsmen, county funds with any private or incorporated bank in the State of Nevada. Whenever any bondsman or bondsmen whose consent to deposit the county funds in any bank or banks has not been obtained in writing, such bondsman or bondsmen shall be released from all responsibility on the bond of said treasurer, upon giving notice as required by law. Such accounts shall be kept in the name of the county in such manner as the board of county commissioners may prescribe. The balances in said banks, as certified to by the proper officer thereof, and by oath of the county treasurer, may be counted as cash. All moneys deposited in any depositary bank by the county treasurer may be drawn out by a check or order of the county treasurer at any time without previous notice; provided, no withdrawal of such deposit or deposits, except by auditor’s warrant in the manner hereinafter set forth, shall be made by the county treasurer except by a check or checks which have been countersigned by the county auditor. A warrant of the county auditor shall be a check of the county treasurer, and shall be paid by the depositary bank designated thereon, when registered, countersigned, and the bank designated for payment thereof, as hereinafter provided.

      The county treasurer shall keep a check register which shall separately show the amount of county money on deposit with every depositary bank, and shall list separately each and every check drawn upon the respective bank depositaries, numbering the checks against each depositary consecutively.

      Sec. 3.  Section 2 of the above-entitled act, being section 2188 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  Whenever any warrant of the county auditor is presented to the county treasurer for payment, such warrant shall become a check of the county treasurer if the county treasurer shall endorse thereon the name of the depositary bank where payable, and a number, as provided by the next preceding section hereof, and countersign his name thereto as such county treasurer.

County funds deposit

Consent of bondsmen

Withdrawal

Record

Paying warrants

Release of treasurer

Repeal

In effect

      Sec. 4.  The above-entitled act is hereby amended by inserting a new section to be known as section 3, reading as follows:

      Section 3.  Where the county treasurer in accordance with the terms and provisions of this act has deposited and kept on deposit any public moneys in depositaries so designated, he shall not be liable personally or upon his official bond for any public moneys that may be lost by reason of the failure or insolvency of any such depositary; but the county treasurer shall be chargeable with the safe-keeping, management, and disbursement of any bonds which may be deposited with him as security for deposits of county moneys, and with interest thereon, and the proceeds of any sale of said bonds.

      Sec. 5.  The above-entitled act is hereby amended by inserting a new section to be known as section 4, reading as follows:

      Section 4.  All previous acts and parts of acts, and all amendments thereto, in conflict herewith are hereby repealed.

      Sec. 6.  The above-entitled act is hereby amended by inserting a new section to be known as section 5, reading as follows:

      Section 5.  This act shall become effective from and after its passage and approval.

Extra legislative fund

Reversion

[Assembly Bill No. 272–Mr. Jones]

Chap. 39–An Act to create an additional legislative fund.

[Approved March 13, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, an additional sum of fifteen thousand dollars ($15,000) which shall constitute an additional legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly for per diem, mileage, stationery allowance, compensation, and incidental expenses of the respective houses, when properly certified to in accordance with law, and the state treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund at the adjournment of the legislature shall revert to the general fund.

      Sec. 4.  This act shall be in full force and effect immediately on its passage and approval.

In effect

[Senate Bill No. 22–Senator Cobb]

Chap. 40–An Act authorizing and regulating boxing and wrestling contests for prizes or purses, or where an admission is charged, and limiting such boxing contests to fifteen rounds; to create the Nevada athletic commission, empowered to license and regulate such contests and all participants therein; to prescribe conditions under which such licenses shall be issued and contests held, authorizing the said commission to appoint county inspectors; to prescribe a penalty for violations of this act, and other matters properly relating thereto.

[Approved March 13, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The Nevada athletic commission is hereby created. The commission shall consist of five members to be appointed by the governor of the State of Nevada. They shall hold office at the pleasure of the governor, but in no event shall hold office in excess of four years except by reappointment of the governor. Three members of the commission shall constitute a quorum for the exercise of the powers or authority conferred upon it, and a concurrence of at least three of the commissioners shall be necessary to render a choice or decision by the commission. No member of the commission nor any of the county inspectors hereinafter provided for shall at any time during their service as commissioner or as inspector promote or sponsor any boxing or wrestling contest. Neither the members of the commission nor the inspectors hereinafter provided for shall receive any compensation for their services or for traveling or other expenses.

      Sec. 2.  The members of the commission shall at their first meeting after their appointment elect one of their number chairman of the commission, shall purchase a seal for the commission, and may make such rules for the administration of this act not inconsistent herewith as they deem expedient. They may thereafter amend, revoke, and from time to time make new rules.

      Sec. 3.  The commission shall have, and hereby is vested with, the sole direction, management, control, and jurisdiction over all of such boxing contests, sparring and wrestling matches and exhibitions to be conducted or held, or given within the State of Nevada, and no boxing contest, sparring or wrestling match or exhibition shall be conducted, held or given within the state except in accordance with the provisions of this act.

Boxing and wrestling

Commission

Officers and rules

Powers

Powers

Licenses and permits

Definitions

within the State of Nevada, and no boxing contest, sparring or wrestling match or exhibition shall be conducted, held or given within the state except in accordance with the provisions of this act. The commission may, in its discretion, issue and revoke licenses to conduct, hold, or give boxing, sparring, or wrestling contests, matches or exhibitions where an admission fee is received, to any club, organization, corporation, association or individual (hereinafter termed “applicant entity”) under such terms, and in accordance with such provisions as the commission may prescribe, and an application for such license shall be in writing and shall correctly show and define the owner or owners of the application entity. Such application shall be accompanied by an annual fee, to be fixed by the commission, on a uniform scale or basis, either proportionate to the population of the city or town in which the applicant entity desires to do business, or proportionate to the price charged for ringside seats or admissions, or upon either or both of such bases. Before any such permit or license is granted to any applicant entity, which shall have filed its application as herein provided, such applicant must file a bond, with good and sufficient authority, with the commission, conditioned for the faithful performance by said applicant entity of the provisions of this act, the amount of said bond to be fixed by the commission, but in no case to exceed $2,000.

      Sec. 4.  All applicant entities, whether clubs, corporations, organizations, associations, or individuals, and all referees, professional boxers, professional wrestlers, and the managers of each of same, shall be licensed by the commission, and no person shall be permitted to participate, either directly or indirectly, in any such boxing, sparring, or wrestling matches, contests, or exhibitions, or the holding thereof, unless such person shall have first procured a license from the commission. The commission shall have power and authority to fix a uniform scale of license fees (not exceeding $5 per annum) to be required of and paid by referees, boxers, wrestlers, and managers, and it shall be a violation of this act for any person to participate, directly or indirectly, as aforesaid, unless he shall have been granted a license therefor. For the purpose of this act a professional boxer or professional wrestler is deemed to be one who competes for money, prizes, or purses, or teaches or pursues or assists in the practice of boxing or wrestling as a means of obtaining a livelihood or pecuniary gain. Any boxing or sparring contest conforming to the rules and regulations and requirements of this act, and of the commission, shall be deemed to be a boxing contest and not a prize fight.

      Sec. 5.  The commission shall have full power to regulate, suspend, or otherwise discipline any applicant entity or any participant who shall, in the judgment of the commission, participate in any sham or fake boxing match, or who shall be guilty of a failure to give his best efforts in said contest or who shall be guilty of any foul or unsportsmanlike conduct in connection therewith.

participant who shall, in the judgment of the commission, participate in any sham or fake boxing match, or who shall be guilty of a failure to give his best efforts in said contest or who shall be guilty of any foul or unsportsmanlike conduct in connection therewith.

      Sec. 6.  The commission shall appoint official representatives, one for each county of the state, who shall be designated as inspectors, each of whom shall receive from the commission a card authorizing him to act as such inspector for the county designated, to hold office as such an inspector at the pleasure of the commission. An inspector or a member of the commission shall be present at all contests, exhibitions, or matches, and shall see that the rules are strictly observed.

      Sec. 7.  No boxing contest or sparring match or exhibition shall be more than fifteen rounds in length, such rounds to be not more than three minutes, and there shall be one minute rests between each round, and no boxer shall be allowed to participate in more than fifteen rounds within less than twelve consecutive hours.

      Sec. 8.  At each boxing contest or sparring match or exhibition there shall be in attendance a duly licensed referee who shall direct and control the same. Before starting such contest the referee shall learn from each participant the name of his chief second, and shall hold such chief second responsible for the conduct of his assistant seconds during the contest. The referee shall have power, in his discretion, to order held up and impounded any prizes, remunerations, or purses, or any part thereof, belonging to the contestants, or either of them, or any part of the gate receipts for which said contestants are competing if in his judgment such contestant or contestants are not honestly competing, or are guilty of a violation of any of the provisions of this act, and the ultimate determination of the disposition of such prize, purse, or gate receipts shall be referred to the commission. The referee must stop the contest or match when either of the contestants shows marked superiority, or one is apparently outclassed.

      Sec. 9.  The commission shall have the authority to affiliate with any other state or national boxing commission or athletic authority.

      Sec. 10.  No contestant shall be paid for services before a contest, and should it be determined by the referee and the commission that such contestant did not give an honest exhibition of his skill, or did not honestly compete, such services shall not be paid for.

      Sec. 11.  The commission shall appoint one of its members to be the treasurer of the commission. All funds paid to the commission for licenses shall be retained by the said treasurer of the commission. The said treasurer and the said commission shall report annually to the governor of the State of Nevada, showing receipts and disbursements and the conditions of the funds held by the treasurer of the commission, as of date of December 31 of each year.

Discipline

County agents

Contests limited

Contest officials

Payment

Finances

Penalty

Repeals

Exemptions

Exceptions

commission shall report annually to the governor of the State of Nevada, showing receipts and disbursements and the conditions of the funds held by the treasurer of the commission, as of date of December 31 of each year. Such reports shall be filed with the governor not later than January 15 of each year for the year immediately prior to the December 31 last preceding. The funds in the hands of the treasurer of the commission shall always be subject to legislative disposal or appropriation.

      Sec. 12.  Any person who shall, directly or indirectly, violate any of the provisions of this act shall be guilty of a misdemeanor.

      Sec. 13.  All acts and parts of acts in conflict herewith are hereby repealed, particularly, but not exclusively, “An act to restrict and license glove contests or exhibitions between man and man, and to repeal all other acts in conflict herewith,” approved January 29, 1897; amended March 22, 1913; amended March 15, 1919; and “An act providing for the licensing and regulation of boxing contests or exhibitions to be conducted under the auspices and management of any local post or a unit of any national organization of ex-service men, providing for the penalties for the violation of the provisions thereof, and other matters properly relating thereto,” approved March 4, 1925.

      Sec. 14.  The commission may, in its discretion, for good cause shown, issue without charge a license to hold boxing contests, sparring or wrestling matches or exhibitions to any local post or unit of any national organization of ex-service men, or any fraternal society or organization. Upon making such application, the executive officer of any such fraternal organization, society, post, or unit shall attach to such application an affidavit specifying the pro rata of proceeds, to whom they are to be paid, the recipient’s connection with the fraternal organization, society, post, or unit that such post or unit intends to hold such match, contest, or exhibition for the sole benefit of the fraternal organization, society, post, or unit, and it shall be unlawful and a cause for the revocation of such license to hold any such contest, match, or exhibition under such license other than for the sole benefit of such fraternal organization, society, or local post or unit of a national organization of ex-service men.

      Sec. 15.  The provisions of this act shall not apply to any amateur boxing, sparring, or wrestling matches, contests, or exhibitions or any combination thereof conducted by or participated in exclusively by any school, college, or university or by any association or organization of said school, college, or university, when each contestant in such matches is a bona fide student in such school, college, or university.

      Sec. 16.  The invalidity of any section or portion of any section of this act shall not affect the validity of the remaining sections or portions of this act.

Separability clause

[Assembly Bill No. 3–Mr. Farndale]

Chap. 41–An Act to amend an act entitled “An act to require municipalities organized in another state to qualify to do business in Nevada before carrying on business in this state, regulating and prescribing the manner thereof, and other matters pertaining thereto, adding another section thereto, and repealing all other acts in conflict herewith,” approved March 20, 1933.

[Approved March 15, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 4 of the above-entitled act is hereby amended to read as follows:

      Section 4.  Any such municipal corporation so entering this state for the purpose of doing business herein shall be subject to all of the laws of this state and all of the regulations of this state specifically applicable to any particular business or activity in which such municipalities may engage, as the same are now, or hereafter may be made, that are applicable to foreign corporations doing like or similar business or work in this state.

      Sec. 2.  All acts or parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

Regulating foreign municipal corporations

Repeal

In effect

[Assembly Bill No. 210–Mr. Brooks]

Chap. 42–An Act for the relief of Jeanne Elizabeth Wier, secretary of Nevada state historical society.

[Approved March 15, 1941]

      Whereas, Bills for the support and maintenance of the Nevada state historical society in the amount of two hundred and fifty dollars and twenty-eight cents ($250.28) were settled by advance payments made by Jeanne Elizabeth Wier, executive secretary of said society, for the period of July 3, 1939, to June 20, 1940, but, owing to pressure of many duties were not submitted to the state for repayment until after the end of the fiscal year 1939-1940; and

Preamble

Preamble

Relief of J. E. Wier

In effect

      Whereas, The act of 1939 for the support of the Nevada state historical society was so drawn that the appropriation of fifteen hundred dollars ($1,500) for 1939-1940 lapsed and reverted to the general treasury on June 30, 1940; and

      Whereas, Said claim is a proper charge against the State of Nevada; and

      Whereas, The said claim has been duly presented to the state board of examiners and disallowed by that board because there were no funds available in the proper fund for the payment thereof; and

      Whereas, There is no other method whereby said claim might be paid, other than legislative action; now, therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The claim of Jeanne Elizabeth Wier is hereby allowed and declared to be a valid claim against the State of Nevada in the sum of two hundred and fifty dollars and twenty-eight cents ($250.28) and the said sum of two hundred and fifty dollars and twenty-eight cents ($250.28) is hereby appropriated out of any moneys in the general fund of the State of Nevada, not otherwise appropriated, to pay said claim, and the state controller is directed to draw a warrant in favor of Jeanne Elizabeth Wier for said amount, and the state treasurer is directed to pay the same.

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

[Senate Substitute for Assembly Bill No. 54–Committee on Public Highways]

Chap. 43–An Act to amend section 6 of an act entitled “An act to require the registration of motor vehicles, trailers and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a ‘Motor Vehicle Fund,’ and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith,” approved March 27, 1931.

[Approved March 15, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 6 of the above-entitled act, being section 4435.05 N. C. L. 1929, as amended, is hereby amended to read as follows:

      Section 6.  (a) Every owner of a motor vehicle, trailer, or semitrailer intended to be operated upon any highway in this state shall, before the same can be operated, apply to the department for and obtain the registration thereof.

      (b) Application for the registration of a vehicle herein required to be registered shall be made in the office of the department, located in the county within the State of Nevada of which the owner shall be a resident, upon the appropriate form furnished by the department, and shall be signed by the owner and contain his residence address and a brief description of the vehicle to be registered, including the name of the maker, the engine and serial number, whether new or used, and the last license number, if known, and the state in which issued and, upon the registration of a new vehicle, the date of sale by the manufacturer or dealer to the person first operating such vehicle. The application shall contain such other information as may be required by the department.

      (c) In the event that the vehicle to be registered shall be a specially constructed, reconstructed, or foreign vehicle, such fact shall be stated in the application, and with reference to every foreign vehicle which has been registered theretofore outside of this state, the owner shall exhibit to the department the certificate of title and registration card or other evidence of such former registration as may be in the applicant’s possession or control or such other evidence as will satisfy the department that the applicant is the lawful owner or possessor of the vehicle.

Registry of motor vehicles

Show ownership

Rent vehicles

Insurance

Exemptions

Public vehicles

fact shall be stated in the application, and with reference to every foreign vehicle which has been registered theretofore outside of this state, the owner shall exhibit to the department the certificate of title and registration card or other evidence of such former registration as may be in the applicant’s possession or control or such other evidence as will satisfy the department that the applicant is the lawful owner or possessor of the vehicle.

      (d) In the event that the owner of a motor vehicle for which registration is applied rents or intends to rent such motor vehicle without a driver, either on a single occasion or regularly, such fact shall be stated in the application and the department shall not register such vehicle until and unless the owner shall agree to carry insurance or cause insurance to be carried as provided in section 20 of this act, or if the owner fail to make such agreement until and unless the owner shall demonstrate to the department his financial ability to respond to damages as follows:

      (1) If he apply for registration of one motor vehicle, in the sum of at least five thousand dollars for any one person injured or killed and in the sum of ten thousand dollars for any number more than one injured or killed in any one accident.

      (2) If he apply for the registration of more than one motor vehicle, then in the foregoing sums for one motor vehicle and five thousand dollars additional for each motor vehicle in excess of one; but it shall be sufficient for the owner to demonstrate his ability to respond in damages in the sum of one hundred thousand dollars for any number of motor vehicles.

      The department shall cancel the registration of any motor vehicle rented without a driver whenever the department ascertains that the owner has failed or is unable to comply with the requirements of this subdivision (d).

      (e) The provisions of this act requiring the registration of certain vehicles shall not apply to special mobile equipments nor to implements of husbandry temporarily drawn, moved, or otherwise propelled upon the highways.

      (f) All motor vehicles owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town, school district, or irrigation district in the state shall be exempt from the payment of the license fee thereon. The department shall provide suitable distinguishing plates for said vehicles which shall be provided at cost and shall be displayed on said vehicles in the same manner as provided for privately owned vehicles.

      Applications for such licenses shall be made through the head of the department, board, bureau, commission, school district, or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling said vehicles, and no plate or plates shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district, or irrigation district, as the case may be, and the words “For official use only” have been permanently and legibly affixed to each side of said vehicle.

board of county commissioners of the county or town or through the mayor of the city, owning or controlling said vehicles, and no plate or plates shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district, or irrigation district, as the case may be, and the words “For official use only” have been permanently and legibly affixed to each side of said vehicle.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

Marking

Repeal

In effect

[Assembly Bill No. 162–Mr. Loomis]

Chap. 44–An Act to amend an act entitled “An act to regulate proceedings in criminal cases in this state and to repeal all other acts relating thereto,” approved March 17, 1911, together with the acts amendatory thereof or supplemental thereto.

[Approved March 15, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 438 of the above-entitled act, being section 11086 N. C. L. 1929, is hereby amended to read as follows:

      Section 438.  The party appealing shall be known as the appellant, and the adverse party as the respondent, but the title of the action is not changed by reason of the appeal.

Criminal appeals

[Assembly Bill No. 160–Mr. Loomis]

Chap. 45–An Act authorizing and empowering the board of county commissioners of Washoe County, Nevada, to convey to the city of Reno certain lands situated in Washoe County, Nevada.

[Approved March 15, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The board of county commissioners of Washoe County is hereby authorized and empowered to make, execute, and deliver, without consideration, a deed conveying in fee simple to the city of Reno, a municipal corporation, that certain land situated in the county of Washoe, State of Nevada, described as follows: The northeast quarter of the southwest quarter of section 36, township 20 north, range 19 east, M.

Washoe County deed to Reno

In effect

certain land situated in the county of Washoe, State of Nevada, described as follows: The northeast quarter of the southwest quarter of section 36, township 20 north, range 19 east, M. D. B. & M., containing 40 acres according to the United States land surveys.

      Sec. 2.  This act shall become effective from and after its passage and approval.

Douglas County school election districts

Repeal

[Assembly Bill No. 157–Mr. Mack]

Chap. 46–An Act to amend an act entitled “An act providing for the division of Douglas County, Nevada, into three county boards of education districts,” approved March 26, 1937.

[Approved March 15, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled act, being chapter 189 Statutes of Nevada 1937, is hereby amended to read as follows:

      Section 1.  Upon the passage and approval of this act it shall be the duty of the commissioners of Douglas County, Nevada, to divide said county into three educational districts for the purpose of electing members of the county high school board of education and for no other purpose. The county shall be divided for this purpose in such a manner that educational district No. 1 shall include the town of Gardnerville and the East Fork precinct; district No. 2 shall include the town of Minden and the precinct of Minden, and district No. 3 shall include the towns of Genoa and Centerville and the precincts of Genoa and Centerville.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

[Assembly Bill No. 144–Mr. Baker]

Chap. 47–An Act authorizing the board of education of the Las Vegas union schools acting for district No. 12 to sell and convey certain real estate to the Immanuel Community Church of North Las Vegas, Nevada.

[Approved March 15, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The board of education of Las Vegas union schools, acting for district No. 12, is hereby authorized and empowered to sell and convey and do all things whatsoever necessary or incident to effect the conveyance to the Immanuel Community Church of North Las Vegas, Clark County, Nevada, of lots numbered seven (7), eight (8), nine (9) and ten (10) in block four (4), in Williams second addition to the county of Clark, State of Nevada, as per map and plat thereof recorded in the office of the recorder of Clark County, State of Nevada, upon such terms and conditions as the said board may prescribe.

empowered to sell and convey and do all things whatsoever necessary or incident to effect the conveyance to the Immanuel Community Church of North Las Vegas, Clark County, Nevada, of lots numbered seven (7), eight (8), nine (9) and ten (10) in block four (4), in Williams second addition to the county of Clark, State of Nevada, as per map and plat thereof recorded in the office of the recorder of Clark County, State of Nevada, upon such terms and conditions as the said board may prescribe.

      Sec. 2.  Title to said land shall be conveyed by deed in such form as the district attorney of Clark County, Nevada, shall prescribe.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

Sale of land in Clark County

In effect

[Assembly Bill No. 143–Messrs. Thompson and Trower]

Chap. 48–An Act to amend an act entitled “An act to provide under certain conditions for the partial support of mothers and their offspring, giving county commissioners and district courts jurisdiction thereof, and repealing all other acts in relation thereto,” approved March 16, 1921.

[Approved March 15, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled act, being section 5100 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  It shall be the duty of the county commissioners in each county in this state, and they are hereby fully empowered and authorized, to provide funds in an amount sufficient to meet the purposes and requirements of this act, for the partial support of mothers who are dependent upon their own efforts for the maintenance of offspring under the age of eighteen years.

      Sec. 2.  Section 2 of the above-entitled act, being section 5101 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  Such partial support shall in no case exceed the sum of twenty-five dollars to a mother maintaining one child, nor the sum of forty dollars to a mother maintaining two children, nor the sum of fifty-five dollars to a mother maintaining three children, nor the sum of seventy-five dollars to a mother maintaining more than three children, and in all cases where children of the age of eighteen years or over are living with such dependent mother or contributing toward her support, such matter must be considered by the commissioners in determining the amount of support to which any mother is entitled.

Mothers’ pensions

Limit

Abatement

In effect

      Sec. 3.  Section 4 of the above-entitled act, being section 5103 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  Whenever any child shall reach the age of eighteen years, any allowance made to the mother for the benefit of such child shall cease, but when any child, on reaching the age of eighteen years shall be incapable of self-support on account of physical disability, the pension for the benefit of such child may be continued for such time as may be fixed by a majority vote of the board of county commissioners.

      Sec. 4.  This act shall be in full force and effect from and after its passage and approval.

Clark County funds transfers

In effect

[Assembly Bill No. 92–Clark County Delegation]

Chap. 49–An Act authorizing the county treasurer and the county auditor of Clark County, of the State of Nevada, to transfer certain funds now in the treasury of said county.

[Approved March 15, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Upon the passage and approval of this act it shall be the duty of the county auditor of Clark County, Nevada, and the county treasurer of said county to transfer from the “Fish and Game Fund” to the “General Fund” the sum of six thousand ($6,000) dollars, and from the “Fish and Game Fund” to the “Publicity Fund” the sum of fifteen hundred ($1,500) dollars.

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

[Assembly Substitute for Assembly Bill No. 36–Elko County Delegation]

Chap. 50–An Act to amend an act entitled “An act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith,” approved March 30, 1935.

[Approved March 15, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 6 of the above-entitled act, being section 6 of chapter 164 Statutes of Nevada 1935, is hereby amended to read as follows:

      Section 6.  The assessor of Elko County, Nevada, shall receive a salary of twenty-eight hundred dollars per annum as compensation for all his services as such officer; he shall pay into the county treasury of said county each month all other moneys collected by him as fees and taxes. He may appoint one deputy who shall receive a salary in an amount not to exceed one hundred and fifty dollars per month. He may employ such other assistants, with the unanimous consent of the board of county commissioners, as may be necessary; provided, however, the total compensation for the services and actual traveling expenses of all such other assistants shall not exceed twelve hundred dollars in any year. The salaries and commissions authorized in this section shall be in full compensation for all services whatsoever required of and performed by the assessor’s office.

      Sec. 2.  Section 7 of the above-entitled act, being section 7 of chapter 164 Statutes of Nevada 1935, is hereby amended to read as follows:

      Section 7.  The county treasurer and ex officio tax receiver of Elko County, Nevada, shall receive the sum of two thousand four hundred dollars per annum, which shall be in full compensation for all services rendered by said treasurer. He shall pay into the county treasury each month all moneys collected by him as fees. He may appoint one deputy who shall receive a salary in an amount not to exceed one hundred and fifty dollars per month.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

Salary assessor Elko County

Salary treasurer

In effect

Cemetery plats

Repeal

[Senate Bill No. 60–Senator Grant]

Chap. 51–An Act to amend section 1 of an act entitled “An act requiring the owners of public cemeteries to keep a plat of the same and to keep the same in an orderly condition, and other matters connected therewith,” approved March 22, 1913, and to repeal section 5 thereof.

[Approved March 15, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled act, being section 975 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  Any person, association, corporation, or fraternal or other society owning any public cemetery shall keep a plat of the same showing the avenues and paths therein, together with the lots for burial purposes, and shall be required to place temporary grave markers on each grave, and to keep in their respective offices a map showing the exact location of each grave.

      Sec. 2.  Section 5 of the above-entitled act, being section 979 N. C. L. 1929, is hereby repealed.

Lyon County officers; recorder

[Senate Bill No. 52–Lyon County Delegation]

Chap. 52–An Act to amend section 4 of an act entitled “An act concerning the county officers in the county of Lyon, State of Nevada, consolidating certain offices in said county, fixing the salary and compensation of said officers, regulating the appointment of deputies and the compensation thereof, requiring the officers of said county to make report of all fees collected by them to the board of county commissioners, and other matters properly relating thereto and repealing all acts and parts of acts in conflict therewith,” approved March 5, 1923; as amended March 23, 1927, chapter 126 Statutes of Nevada 1927.

[Approved March 15, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 4 of the above-entitled act is hereby amended so as to read as follows:

      Section 4.  The county recorder, for services as county recorder, shall receive the sum of one thousand dollars per annum, and for his services as ex officio county auditor shall receive the sum of one thousand four hundred dollars per annum, payable in twelve monthly installments, which shall be in full compensation for all services rendered as recorder and ex officio auditor.

be in full compensation for all services rendered as recorder and ex officio auditor.

      He shall have authority to appoint a deputy at a salary of eighteen hundred dollars per annum, payable in twelve equal monthly installments.

      He shall make no charge for services performed for the county, but all fees authorized by law and collected by him shall be turned into the county treasury of said county. He shall furnish the county commissioners, on the first Monday of each month, with an itemized statement, under oath, of the amount of fees so collected and the date of entry on his books.

      The said county recorder shall have authority, in cases of emergency, by and with the consent of the board of county commissioners of said county, by an order duly entered in its minutes, to appoint one or more additional deputies at a salary not to exceed one hundred dollars per month each, and who shall be continued to be paid said salary only during the pleasure and consent of said board.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall become effective from and after the date of its passage and approval.

Deputy

Repeal

In effect

[Assembly Bill No. 83–Committee on Livestock]

Chap. 53–An Act providing for the investigation and control of injurious insect pests in the State of Nevada, and making an appropriation therefor.

[Approved March 17, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The state quarantine officer is hereby authorized to investigate the prevalence of Mormon crickets, grasshoppers, alfalfa weevils, and other insect pests which may be injurious to the agricultural industry in the State of Nevada, and institute and carry out such measures for their control as may be required to protect the said agricultural industry against loss. For the more efficient and economical carrying out of the provisions of this act, the state quarantine officer is hereby authorized to cooperate, financially or otherwise, with any individual, firm, or corporation, or with any political subdivision of the State of Nevada, or with any department of the Nevada or any other state government, or any agency of the federal government.

      Sec. 2.  For the purpose of carrying out the provisions of this act there is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of twenty-four thousand ($24,000) dollars, or so much thereof as may be necessary for the period between the passage and approval of this act and June 30, 1943.

Mormon crickets and other pests

Appropriation, $24,000

Other funds

Claims

In effect

the state treasury not otherwise appropriated, the sum of twenty-four thousand ($24,000) dollars, or so much thereof as may be necessary for the period between the passage and approval of this act and June 30, 1943. The net proceeds of any sales or refunds accruing to the State of Nevada under the provisions of this act shall be forwarded by the state quarantine officer to the state treasurer in the manner provided by law; provided, that any funds so received by the state treasurer shall be available for expenditure in the same manner as the appropriation provided for in this section and in addition thereto. All claims against this appropriation shall be audited by the state quarantine officer and, if approved, forwarded to the state board of examiners for their audit, approval, and payment in the manner provided by law.

      Sec. 3.  This act shall become effective on and after its passage and approval.

Preamble

[Assembly Bill No. 138–Mr. Brooks]

Chap. 54–An Act providing for the disposition of certain funds acquired by the state board of stock commissioners incident to the control of predatory animals and rodents.

[Approved March 17, 1941]

      Whereas, The state board of stock commissioners of Nevada, pursuant to the provisions of chapter 131 Statutes of Nevada 1939, operates under cooperative agreements with the federal government for the control and eradication of predatory animals and rodents; and

      Whereas, Pursuant to such agreements furs, skins, and other surplus materials are salvaged and considerable sums of money realized therefrom; and

      Whereas, On or about February 1, 1941, the sum of $3,743.82 so realized by said board in the manner aforesaid was remitted to the state treasury and deposited in the general fund of the state, and it is anticipated further similar remittances will be made in the future; and

      Whereas, Said board has made commitments for the use of said salvage proceeds in furthering the destruction of predatory animals and rodents; and

      Whereas, Said chapter 131 Statutes of Nevada 1939 makes no provision for the reexpenditure of funds so derived and forwarded to the state treasury as above; therefore,

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The sum of three thousand seven hundred forty-three and 82/100 ($3,743.82) dollars, heretofore forwarded to the state treasury by the state board of stock commissioners, incident to the control of predatory animals and rodents, under the provisions of chapter 131 Statutes of Nevada 1939, together with any additional sums so forwarded to the state treasury prior to July 1, 1941, is hereby appropriated to be expended by the said state board of stock commissioners, under the provisions of said chapter 131 Statutes of Nevada 1939, such expenditure to be made prior to July 1, 1941.

the state treasury by the state board of stock commissioners, incident to the control of predatory animals and rodents, under the provisions of chapter 131 Statutes of Nevada 1939, together with any additional sums so forwarded to the state treasury prior to July 1, 1941, is hereby appropriated to be expended by the said state board of stock commissioners, under the provisions of said chapter 131 Statutes of Nevada 1939, such expenditure to be made prior to July 1, 1941.

      Sec. 2.  This act shall be effective from and after its passage and approval.

Stock commission to have use of funds

In effect

[Assembly Bill No. 30–Churchill County Delegation]

Chap. 55–An Act providing for the disposal of any real estate or personal property wherein title to the same has passed and is vested in the State of Nevada by escheat.

[Approved March 17, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The surveyor general shall keep a just and true record or description of all real estate and personal property vested in the state by escheat. When describing land involved in such an escheatment the description shall be shown by legal subdivision or by a metes and bounds description sufficiently accurate to identify the ground on an approved township plat from the general land office; or, if within an approved townsite, by reference to the lot, block, and tract or subdivision.

      Sec. 2.  A person desiring to acquire title to any individual item or parcel of land which has escheated to the state must proceed by application to the surveyor general on forms obtainable at his office and in the manner described below. When applying for unimproved real estate outside of approved townsites, no application will be accepted for a parcel of land less than the smallest legal subdivision (forty acres) unless the area in its entirety is less than forty acres. In such case that portion of the subdivision shall be described and disposed of on one application, unless in the discretion of the surveyor general it is found that the remaining portion could be disposed of within a reasonable length of time, and would not become an isolated tract; he could then accept an application for a portion of the tract, provided that a survey be made and a plat submitted on tracing cloth (24ʺ x 32ʺ) on which would be set forth an accurate metes and bounds description of the property, with at least one corner of the property tied to a point on the United States public land surveys.

Escheats

Escheated land; how sold

Deposit

Notice

Costs

Claim of ownership

Court action

      Sec. 3.  The application must be accompanied by the purchase price in the amount of the applicant’s offer for the real estate desired, together with a sufficient sum to cover the cost of advertising and an application fee of five dollars ($5).

      Sec. 4.  The surveyor general shall issue a receipt to the applicant for the amount deposited in his trust and shall without any unnecessary delay cause notice of such application to be given in the following manner: By posting one of such notices in a conspicuous place in the surveyor general’s office; by posting one of said notices at a conspicuous place at the property, and by publishing a notice in a newspaper in the county in which the land applied for is situate at least once each week for four consecutive weeks prior to the date of sale.

      The notice shall contain (1) the name of the deceased owner in which was vested the title before death, if known; (2) a description of the property as contained in the application; (3) the amount of the offer contained in the application; (4) that said property will be sold to the highest bidder specifying the time and place of such sale and that the transaction must be handled in legal tender of the United States, or a certified check; provided, however, that the surveyor general shall have the power to reject any or all bids.

      Sec. 5.  The person to whom the title passes shall bear the cost of advertising and the application fee, and when the title passes to one other than whom made the application the original applicant shall be reimbursed all moneys deposited by him.

      Sec. 6.  If, within ten years after any judgment escheating property to the state any person shall appear and claim any money that may have been paid into the state treasury on any real or personal property vested in the state by such judgment, such person may file a petition in the district court, at the seat of government, stating the nature of the claim, with an appropriate prayer for the relief demanded. A copy of such petition shall be served upon the attorney-general before or at the time of filing the same, who shall, within twenty days thereafter, appear in said proceeding and plead or answer to such petition; or, if the attorney-general, after examining all the facts, should become convinced that the state had no legal defense against the petition, he may, with the consent of the court, confess on behalf of the state judgment. If judgment shall not be so confessed the petition shall be considered at issue on the twentieth day after its filing, and may be heard by the court on that day or at such future day as the court may order. Upon the hearing the court shall examine into said claim and hear the allegations and proofs, from which, if the court shall find that such person is entitled to any money paid into the state treasury as aforesaid, it shall, by judgment, order and direct the state controller to draw his warrant in favor of such claimant upon the treasurer for the sum specified in such order, but without interest or cost to the state.

the court shall examine into said claim and hear the allegations and proofs, from which, if the court shall find that such person is entitled to any money paid into the state treasury as aforesaid, it shall, by judgment, order and direct the state controller to draw his warrant in favor of such claimant upon the treasurer for the sum specified in such order, but without interest or cost to the state. If any real estate is the subject of such trial, and the court finds the claimant entitled to it, the court shall decree accordingly, which shall be effectual for divesting the interests of the state in or to such real estate, but no costs shall be taxed against the state. A certified copy of the judgment and order directing the controller to draw his warrant for money shall be a sufficient voucher for him so to do. All persons who shall fail to appear and file their petitions within the time limited as aforesaid shall be forever barred, saving, however, infants, married women, persons of unsound mind, and persons beyond the limits of the United States the right to appear and file their petition as aforesaid, at any time within five years after their respective disabilities shall be removed.

      Sec. 7.  All moneys collected under the authority of this act shall be placed in the state treasury to be used for educational purposes only.

      Sec. 8.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

      Sec. 9.  This act shall become effective immediately after its passage and approval.

Money

Land

State free from costs

Limitation

Proceeds

Repeal

In effect

[Assembly Bill No. 64–Clark County Delegation]

Chap. 56–An Act authorizing and empowering the board of commissioners of the city of Las Vegas in Clark County, Nevada, to transfer to its general fund certain moneys in its 1928 pavement and curb improvement bond redemption and interest fund, and in its 1930 pavement and curb improvement bond redemption and interest fund, series B, and in its 1929 assessment No. 11 bond redemption and interest fund, and in its 1930 assessment No. 13 bond redemption and interest fund, and in its 1930 assessment No. 14 bond redemption and interest fund, and to transfer to its general fund any future collections that may be made and paid into said funds, and to transfer to its general fund certain moneys now in its emergency loan fund.

[Approved March 17, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  The board of commissioners of the city of Las Vegas in Clark County, Nevada, is hereby authorized and empowered to transfer to the general fund of said city, not to exceed eight hundred fifty and 31/100 dollars ($850.31) from the 1928 pavement and curb improvement bond redemption and interest fund of said city; and not to exceed fifteen hundred seventy nine and 35/100 dollars ($1,579.35) from the 1930 pavement and curb improvement bond redemption and interest fund, series B, of said city; and not to exceed two thousand six hundred six and 8/100 dollars ($2,606.08) from the 1929 assessment No.

Las Vegas transfer of funds

Repeal

In effect

empowered to transfer to the general fund of said city, not to exceed eight hundred fifty and 31/100 dollars ($850.31) from the 1928 pavement and curb improvement bond redemption and interest fund of said city; and not to exceed fifteen hundred seventy nine and 35/100 dollars ($1,579.35) from the 1930 pavement and curb improvement bond redemption and interest fund, series B, of said city; and not to exceed two thousand six hundred six and 8/100 dollars ($2,606.08) from the 1929 assessment No. 11 bond redemption and interest fund of said city; and not to exceed two thousand thirty-six and 63/100 dollars ($2,036.63) from the 1930 assessment No. 13 bond redemption and interest fund of said city; and not to exceed one thousand four hundred sixty-seven and 55/100 dollars ($1,467.55) from the 1930 assessment No. 14 bond redemption and interest fund of said city; and to transfer to said general fund any future collections that may be made and paid into said funds, or any of them; and to transfer to said general fund not to exceed three thousand three hundred eighty and 35/100 dollars ($3,380.35) from the emergency loan fund of said city.

      Sec. 2.  All acts and parts of acts in conflict with this act are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

Gambling licenses

[Senate Bill No. 57–Committee on Education, State Library and Public Morals]

Chap. 57–An Act to amend sections 253 and 296 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, and effective January 1, 1912.

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 253 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, and being section 10201 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 253.  From and after the passage and approval of this act it shall be unlawful for any person, firm, association, or corporation, either as owner, lessee, or employee, whether for hire or not, to deal operate, carry on, conduct, maintain, or expose for play, in the State of Nevada, any game of faro, monte, roulette, keno, fan-tan, twenty-one, black-jack, seven-and-half, big injun, klondyke, craps, stud poker, draw poker, or any banking or percentage game played with cards, dice, or any mechanical device or machine, for money, property, checks, credit, or any representative of value; or any gambling game in which any person, firm, association, or corporation keeping, conducting, managing, or permitting the same to be carried on, receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, carrying on, or permitting the said game to be carried on; or to play, maintain, or keep any slot machine played for money, for checks or tokens redeemable in money or property, without having first secured a license for the same as now provided for by law; or to receive bets or wagers on any horse race held without the State of Nevada, without having first procured a license for the same as provided by law, in the amount of fifty dollars ($50) per month.

or any mechanical device or machine, for money, property, checks, credit, or any representative of value; or any gambling game in which any person, firm, association, or corporation keeping, conducting, managing, or permitting the same to be carried on, receives, directly or indirectly, any compensation or reward, or any percentage or share of the money or property played, for keeping, running, carrying on, or permitting the said game to be carried on; or to play, maintain, or keep any slot machine played for money, for checks or tokens redeemable in money or property, without having first secured a license for the same as now provided for by law; or to receive bets or wagers on any horse race held without the State of Nevada, without having first procured a license for the same as provided by law, in the amount of fifty dollars ($50) per month. The receiving of bets or wagers on horse races held without the State of Nevada shall be deemed to be a gambling game within the meaning of this section; provided, however, that nothing in this section shall be construed as permitting or authorizing any person or corporation to disseminate news of and concerning horse racing beyond the limits of the State of Nevada.

      Sec. 2.  Section 296 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, and being section 10244 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 296.  A public nuisance is a crime against the order and economy of the state. Every place:

      1.  Wherein any gambling, book-making, or pool-selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket-shop, or any agency therefor shall be conducted, or any article, apparatus, or device useful therefor shall be kept; or

      2.  Wherein any fighting between animals or birds shall be conducted; or

      3.  Wherein any intoxicating liquors are kept for unlawful use, sale, or distribution; or

      4.  Where vagrants resort; and

      Every act unlawfully done and every omission to perform a duty, which act or omission:

      1.  Shall annoy, injure, or endanger the safety, health, comfort, or repose of any considerable number of persons; or

      2.  Shall offend public decency; or

      3.  Shall unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace, or basin, or a public park, square, street, alley, bridge, causeway, or highway; or

Bets on foreign races

Race news not to be sent out of state

Nuisances

Gambling without a license

Other acts

Repeal

In effect

Certificate

Certificate

      4.  Shall in any way render a considerable number of persons insecure in life or the use of property;

      Shall be a public nuisance.

      Sec. 3.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 4.  This act shall take effect upon its passage and approval.

                                                                                                    State of Nevada,

                                                                                          Senate Chamber, March 18, 1941.

      This is to certify that Senate Bill No. 57-An act to amend sections 253 and 296 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, and effective January 1, 1912-passed the Senate on the fourteenth day of March, A. D. 1941, notwithstanding the objections of the governor, by the following vote: Yeas, 16; nays, 1.

                                                                                              Maurice J. Sullivan,

                                                                                                 President of the Senate.

      Waite Bruce,

                   Secretary of the Senate.

                                                                                                    State of Nevada,

                                                                                    Assembly Chamber, March 18, 1941.

      This is to certify that Senate Bill No. 57-An act to amend sections 253 and 296 of an act entitled “An act concerning crimes and punishments, and repealing certain acts relating thereto,” approved March 17, 1911, and effective January 1, 1912-passed the Assembly on the fifteenth day of March, A. D. 1941, notwithstanding the objections of the governor, by the following vote: Yeas, 29; nays, 9; absent, none; not voting, 2.

                                                                                                 William J. Cashill,

                                                                                                     Speaker of the Assembly.

      E. C. Mulcahy,

                   Chief Clerk of the Assembly.

[Assembly Bill No. 71–Mr. McGuirk]

Chap. 58–An Act to amend an act entitled “An act to establish commissioner districts in the county of Storey and providing for the election of members of the board of county commissioners thereof,” approved March 9, 1937.

[Approved March 19, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 4 of the above-entitled act, being chapter 55 of the Statutes of Nevada 1937, page 97, is hereby amended to read as follows:

      Section 4.  Candidates for the office of county commissioner for the respective districts shall be qualified electors. Candidates in each district shall be voted upon and elected by the voters of the entire county in the same manner as other county officers are elected.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 3.  This act shall take effect from and after its passage and approval.

Storey County elections at large

Repeal

In effect

[Assembly Bill No. 32–Mr. Dickerson]

Chap. 59–An Act relating to the administration of the Nevada unemployment compensation division and the Nevada state employment service, and providing for the administration of the unemployment compensation law; creating the employment security department, the employment security council, the office of executive director and a board of review, and providing for other officers and employees; transferring certain funds, records, equipment, and employees to the employment security department; creating a merit examination board and providing for a merit system of personnel administration within the department; defining the powers and duties of all officers, commissions, boards, and employees of said department; repealing sections 10, 11, 12, and 18 of the unemployment compensation law; and other matters relating thereto.

[Approved March 20, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Employment Security Department.  There is hereby created a department of the State of Nevada, which shall be known as the employment security department. The functions heretofore exercised by the Nevada unemployment compensation division and the Nevada state employment service division, from and after the effective date hereof, shall be exercised by the unemployment compensation service and state employment service, which services are hereby created within the employment security department.

      Sec. 2.  Transfer.  All funds, accounts, and appropriations, records, papers, files, and equipment of whatsoever description, made available to or utilized or belonging to either of said divisions, shall be transferred and made available to the employment security department as of the effective date of this act. All moneys deposited or paid into the unemployment compensation administration fund are hereby appropriated and made available to the executive director.

Employment and unemployment agencies united

Employment security department

Director

Duties

Rules

All personnel employed by either of said divisions are hereby transferred to said department without other change in their status or compensation under the merit system.

      Sec. 3.  Executive Director.  The employment security department shall be administered by a full-time salaried executive director, who shall be appointed by and whose salary shall be fixed by the governor, and whose term of office shall be at the pleasure of the governor. The executive director shall have full administrative authority with respect to the operation and functions of the unemployment compensation and state employment services.

      Sec. 4.  (a) Duties and Powers of Executive Director.  It shall be the duty of the executive director to administer the Nevada unemployment compensation law as the same now exists or as it may hereafter be amended; and he shall have power and authority to adopt, amend, or rescind such rules and regulations, to employ, in accordance with the provisions of this act, such persons, make such expenditures, require such reports, make such investigations, and take such other action as he deems necessary or suitable to that end. Such rules and regulations shall be effective upon publication in the manner, not inconsistent with the provisions of this act, which the executive director shall prescribe. The executive director shall determine his own organization and methods of procedure in accordance with the provisions of this act and shall have an official seal which shall be judicially noticed. Not later than the first day of September of 1942, and of every second year thereafter, the executive director shall submit to the governor a report covering the administration and operation of this act during the preceding biennium and shall make such recommendations for amendments to this act as he deems proper. Such reports shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserve shall be set up by the executive director in accordance with accepted actuarial principles on the basis of statistics or employment business activity and other relevant factors for the longest possible period.

      (b) (1) Regulations and General and Special Rules.  General and special rules may be adopted, amended, or rescinded by the executive director only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effective ten days after filing with the secretary of state and publication in one or more newspapers of general circulation in this state. Special rules shall become effective ten days after notification to or mailing to the last known address of the individuals or concerns affected thereby. Regulations may be adopted, amended, or rescinded by the executive director and shall become effective in the manner and at the time prescribed by the executive director.

amended, or rescinded by the executive director and shall become effective in the manner and at the time prescribed by the executive director.

      (2) Administrative Determinations of Coverage.  The executive director may, upon his own motion or upon application of an employing unit, and after notice and opportunity for hearing, make findings of fact and on the basis thereof, determinations with respect to whether an employing unit constitutes an employer and whether services performed for, or in connection with the business of an employing unit constitute employment for such employing unit. Appeal from any such determination may be taken to the appropriate district court within fifteen days after the mailing or delivery of notice of such findings and determination to the employing unit. If supported by substantial evidence and in the absence of fraud, a determination of the executive director, in the absence of an appeal, shall be conclusive as to all matters except as to errors of law, except as hereinafter provided, and, together with the record, shall be admissible in any subsequent judicial proceeding involving liability for contributions. A determination of the executive director which has not been appealed, or of a district court on appeal, together with the record, may be introduced in any proceeding involving a claim for benefits, and shall be conclusive as to the facts and the determination, unless the claimant shall introduce substantial evidence controverting a material fact so found.

      (c) Publication.  The executive director shall cause to be printed for distribution to the public, the text of this act and the unemployment compensation law, his regulations and general and special rules, his reports to the governor, and any other material he deems relevant and suitable and shall furnish the same to any person upon application therefor.

      (d) Selection of Personnel.  The executive director shall select all personnel either from the first three candidates on the eligible lists as in this act provided, or from the highest rating candidate within a radius of sixty miles of the place in which the duties of the position will be performed. The executive director is authorized to fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this act, and may delegate to any such person such power and authority as he deems reasonable and proper for its effective administration. He may, in his discretion, bond any person handling moneys or signing checks thereunder. The executive director shall classify positions under this act and shall establish salary schedules and minimum personnel standards for the positions so classified.

Procedure

Personnel

Records and reports

Secrecy required

and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall devise and establish fair and reasonable regulations governing promotions, demotions, and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.

      (e) (1) Records and Reports.  Each employing unit shall keep true and accurate work records, containing such information as the executive director may prescribe. Such records shall be open to inspection and be subject to being copied by the executive director or his authorized representatives at any reasonable time and as often as may be necessary. The executive director, the board of review, or any appeal tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which he or the review board deems necessary for the effective administration of this act. The executive director may destroy any form, benefit determination or redetermination, employer’s status or contribution report, wage slip report, or letter of the unemployment compensation service or employment service at the expiration of five years after such record was originated or filed with such service; provided, that this section shall not apply to records pertaining to grants, accounts, or expenditures for administration, or to the records of the unemployment compensation administration fund.

      (2) Disclosure of Information.  Except as hereinafter otherwise provided, information obtained from any employing unit or individual pursuant to the administration of this act or the unemployment compensation law, and determination as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individual’s or employing unit’s identity. Any claimant (or his legal representative) shall be supplied with information from the records of the department, to the extent necessary for the proper presentation of his claim in any proceeding under this act or the unemployment compensation law with respect thereto. Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to any agency of this or any other state, or any federal agency, charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, or the bureau of internal revenue of the United States department of the treasury, and information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service. Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient’s rights to further benefits under the unemployment compensation law.

the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient’s rights to further benefits under the unemployment compensation law. The executive director may request the comptroller of the currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this act or of the unemployment compensation law, and may in connection with such request transmit any such report or return to the comptroller of the currency of the United States as provided in section 1606(c) of the federal internal revenue code. If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of these provisions, makes any disclosure of information obtained from any employing unit or individual in the administration of this act, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits, under this act, shall use or permit the use of such list for any political purpose, he shall be fined not less than $20 nor more than $200, or imprisoned for not longer than ninety days, or both.

      (f) Oaths and Witnesses.  In the discharge of the duties imposed by this act, the executive director, the chairman of an appeal tribunal created by the unemployment compensation law, the members of the board of review, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with an appealed claim or the administration of this act.

      (g) Subpenas.  In case of contumacy by, or refusal to obey a subpena issued to, any person, any district court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the executive director, the board of review, an appeal tribunal, or any duly authorized representative of any of them shall have jurisdiction to issue to such person an order requiring such person to appear before the executive director, the board of review, an appeal tribunal or any duly authorized representative of any of them, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof.

Exceptions

Oaths

Process

Immunity

Cooperation

Merit rating

in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof. Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in his power so to do, in obedience to a subpena of the executive director, the board of review, an appeal tribunal, or any duly authorized representative of any of them, shall be punished by a fine of not less than $200 or by imprisonment for not longer than sixty days, or by both such fine and imprisonment, and each day such violation continues shall be deemed to be a separate offense.

      (h) Protection Against Self-Incrimination.  No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the executive director, the board of review, an appeal tribunal, or any duly authorized representative of any of them, or in obedience to the subpena of any of them in any cause or proceeding before the executive director, the board of review, or an appeal tribunal, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture, for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

      (i) State-Federal Cooperation.  In the administration of this act the executive director shall cooperate to the fullest extent consistent with the provisions of this act, with the social security board, created by the social security act, approved August 14, 1935, as amended; shall make such reports, in such form and containing such information as the social security board may from time to time require, and shall comply with such provisions as the social security board may from time to time find necessary to assure the correctness and verification of such reports; and shall comply with the regulations prescribed by the social security board governing the expenditures of such sums as may be allotted and paid to this state under title III of the social security act for the purpose of assisting in the administration of this act.

      Sec. 5.  (a) Merit Examination Board.  For the purpose of insuring the impartial selection of personnel on the basis of merit, the governor shall appoint a board of three members composed of one representative who, because of his present vocation, employment, or affiliations, may fairly be regarded as a representative of labor; one representative who, because of his present vocation, employment, or affiliations, may fairly be regarded as a representative of employers; and one representative from the faculty of the University of Nevada who shall represent the public.

as a representative of labor; one representative who, because of his present vocation, employment, or affiliations, may fairly be regarded as a representative of employers; and one representative from the faculty of the University of Nevada who shall represent the public. The members of said board shall be paid at the rate of ten ($10) dollars per diem of actual service, plus necessary expenses, and shall serve at the pleasure of the governor.

      (b) Duties of Merit Examination Board.  Subject to other provisions of this act, the board shall provide for the holding of examinations to determine the qualifications of applicants for the positions classified by the executive director as herein set forth, and shall establish lists of candidates eligible for positions in the department, in the order of their ratings as determined by the examinations. All expenses of the board incident to the holding of such examinations shall be paid from the unemployment compensation administration fund. The board shall have such other duties in connection with the merit system of personnel administration as may be conferred upon it by the governor.

      Sec. 6.  (a) Employment Security Council.  To assure an impartial development of administrative policies within the department, there is hereby created the Nevada employment security council. The council shall consist of nine men and women. The members of the council shall be appointed by the governor and shall consist of an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment, or affiliations, and of such members representing the general public as the governor may designate. The executive director shall be an ex officio member of the council and shall be secretary thereof. The secretary shall receive no compensation for his services on the council, but shall be reimbursed for his necessary traveling and other expenses. The terms of office of the members of the council shall be four years each; provided, that the terms of four of the members first appointed shall be two years each. Regular meetings of the council shall be held twice in each calendar year. Special meetings, not to exceed six in number during any calendar year, may be held at the call of the chairman. The members of the council shall be paid at the rate of five dollars ($5) per diem of actual service, and shall be reimbursed for their necessary expenses.

      (b) Functions and Duties.  The employment security council, standing in the place, and exercising the functions and duties, of a state advisory council shall aid the executive director in formulating policies and discussing problems related to the administration of this act and shall recommend to him such policies as will tend to assure impartiality and freedom from political influence in the solution of such problems.

Examinations

Security council

Duties

Review

Employment service

such problems. The council shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance; to investigate, recommend, advise, and assist in the establishment and operation, by municipalities, counties, school districts, and the state, of reserves for public works to be used in times of business depression and unemployment; to promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and to these ends to carry on and publish the results of investigations and research studies. Whenever the council believes that a change in contribution or benefit rates will become necessary to protect the solvency of the unemployment compensation fund, it shall promptly so inform the executive director and make recommendations with respect thereto. The governor may, in his discretion, remove any member of the council for cause.

      Sec. 7.  Board of Review.  There shall be created a board of review consisting of three members appointed by the governor for terms of four years each. Vacancies shall be filled by appointments by the governor for the unexpired terms. One member shall be representative of labor, one member representative of employers, and one of the public; provided, that the board of review heretofore appointed under the unemployment compensation law shall continue in office until the end of their respective terms unless sooner removed for cause. Each member shall be paid from the unemployment compensation administration fund at the rate of ten ($10) dollars per day of active service, together with actual and necessary travel expenses. The governor may, at any time after notice and hearing, remove any member of said board for cause.

      Sec. 8.  (a) State Employment Service.  The executive director shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this act and for the purposes of performing such duties as are within the purview of the act of Congress entitled “An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes,” approved June 6, 1933 (48 Stat. 113; U. S. C. title 29, sec. 49(c), as amended). The provisions of the said act of Congress, as amended, are hereby accepted by this state in conformity with section 4 of said act, and this state will observe and comply with the requirements thereof. It shall be the duty of the executive director to cooperate with any official or agency of the United States having powers or duties under the provisions of the said act of Congress, as amended, and to do and perform all things necessary to secure to this state the benefits of said act of Congress, as amended, in the promotion and maintenance of a system of public employment offices.

as amended, and to do and perform all things necessary to secure to this state the benefits of said act of Congress, as amended, in the promotion and maintenance of a system of public employment offices. The executive director is hereby designated and constituted the agency of this state for the purposes of said act.

      (b) Financing.  All moneys received by this state under the said act of Congress, as amended, shall be paid into the unemployment compensation administration fund, and said moneys are hereby made available to the executive director for the Nevada state employment service, to be expended as provided by this act and by said act of Congress. For the purpose of establishing and maintaining free public employment offices, the executive director is authorized to enter into agreements with the railroad retirement board, or any other agency of the United States charged with the administration of an unemployment compensation law, with any political subdivision of this state, or with any private nonprofit organizations, and as a part of any such agreement the executive director may accept moneys, services, or quarters as a contribution to the unemployment compensation administration fund.

      Sec. 9.  Reciprocal Arrangements.  The executive director is hereby authorized to enter into arrangements with the appropriate agencies of other states, or the federal government whereby individuals performing services in this and other states for a single employing unit under circumstances not specifically provided for in section 2(i) of the unemployment compensation law, or under similar provisions in the unemployment compensation laws of such other states, shall be deemed to be engaged in employment performed entirely within this state or within one of such other states and whereby potential rights to benefits accumulated under the unemployment compensation laws of several states or under such a law of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms which the executive director finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund.

      Sec. 10.  Separability of Provisions.  If any provision of this act, or the application thereof to any person or circumstance is held invalid, the remainder of this act, and the application of such provision to other persons and circumstances, shall not be affected thereby.

      Sec. 11.  This act shall be known and may be cited as the “Employment Security Administration Law.”

      Sec. 12.  Repeal.  Sections 10, 11, 12, and 18 of an act entitled “An act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review and providing for other officers and employees and defining their powers and duties; and other matters relating thereto,” approved March 23, 1937, and as amended Statutes 1939, chapter 109, approved March 21, 1939, and all other acts and parts of acts insofar as they may be in conflict herewith, are hereby repealed.

Finances

Reciprocity

Separability clause

Short title

Repeals

In effect

funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review and providing for other officers and employees and defining their powers and duties; and other matters relating thereto,” approved March 23, 1937, and as amended Statutes 1939, chapter 109, approved March 21, 1939, and all other acts and parts of acts insofar as they may be in conflict herewith, are hereby repealed.

      Sec. 13.  Effective Date.  This act shall be in full force and effect from and after its passage and approval.

“Nevada Day” observance

[Assembly Bill No. 202–Committee on Education]

Chap. 60–An Act to amend an act entitled “An act providing that the 31st day of October shall be known as ‘Nevada Day,’ designating the same as a holiday and repealing the acts in conflict herewith,” approved February 23, 1939.

[Approved March 24, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 1 of the above-entitled act, being chapter 28 Statutes of Nevada 1939, is hereby amended to read as follows:

      Section 1.  The 31st day of October of each and every year is hereby designated as “Nevada Day.” All state, county, and municipal offices, and the state university shall close on this day. The governor of the State of Nevada is hereby authorized and directed to issue annually, at least thirty days prior to the 31st day of October, a proclamation requesting the people of the state to observe Nevada day by appropriate exercises and ceremonies, commemorating the admission of the State of Nevada into the Union. If the 31st day of October shall fall on a Sunday, the Monday following shall be observed as a holiday.

[Senate Bill No. 65–Committee on Banks and Banking]

Chap. 61–An Act to amend an act entitled “An act to provide a means of incorporating banks and trust companies; to authorize banks and trust companies to conduct certain kinds of business; to provide for the regulation and control of such business; to provide for the appointment of a superintendent of banks; to prescribe the powers and duties of the state board of finance relative to the business of banking; to conform the charters of banks and trust companies now operating under the laws of the State of Nevada to the provisions of this act; to incorporate herein the provisions of the general corporation law, as amended; to provide for the reorganization, incorporation of assets, and the liquidation of banks and trust companies in certain cases; to make the violation of the provisions hereof criminal offenses, and to prescribe the punishment therefor; to repeal certain acts and all acts or parts of acts in conflict herewith; and other matters relating to banks and trust companies,” approved March 28, 1933, as amended, by amending certain sections thereof and by inserting a new section therein numbered 88 1/2.

[Approved March 24, 1941]

The People of the State of Nevada, represented in Senate and

Assembly, do enact as follows:

      Section 1.  Section 4 of the above-entitled act, as amended by chapter 147, 1935 Statutes of Nevada, is hereby amended to read as follows:

      Section 4.  All banking corporations organized under the provisions of this act shall be permitted to receive money on deposit, to buy and sell exchange, gold, silver, coin, bullion, noncurrent money and bonds, to loan money on chattel and personal security, or on real estate secured by mortgage; to own a suitable building, furniture, and fixtures for the transaction of its business, the value of which may be carried on the books of the bank at cost, but not in an amount exceeding sixty percent of the capital and surplus fully paid of said bank; provided, that with the consent in writing of the superintendent of banks, said banking premises and buildings may be carried on the books of the bank in an amount not to exceed the amount of the capital stock, fully paid, of said bank; and provided further, however, that the value of said banking premises and buildings shall be depreciated annually at a rate of not less than five per centum per annum, until the value at which said premises and buildings, as carried upon the books of said bank, shall not exceed a sum equal to fifty per centum of said capital and surplus, fully paid, of said bank, after which the rate of depreciation shall be not less than two and one-half per centum per annum until the said value of said premises as carried upon the books of said bank, shall not exceed the sum of thirty-five per centum of said capital and surplus, fully paid, of said bank; and provided further, however, that the asset value of furniture and fixtures shall be written down on the books of the bank at an annual rate of ten percent until it does not exceed the assessed value of said furniture and fixtures; and provided further, however, that nothing in this section shall prohibit such bank from holding or disposing of such real estate as it may acquire through the collection of debts due it; provided further, that when, in the judgment of the superintendent of banks, the true value of such building is at least equal to the value at which it is carried among the assets, and when there are other assets carried upon the books of the same bank at a value in excess of their true value, and when the earnings of such bank, for any calendar year, are insufficient for the purpose of both writing down the asset value of such building, and writing down such other assets, to the extent authorized by the superintendent of banks, then such bank may, with the written consent of such superintendent, defer such writing down of such building.

Banking and trust companies

Powers of banks

Computing value of property

Depreciation